Bombay High Court

SHRI. SANTOSH TULJARAM KENDALEversusSMT. JYOTI AMARLAL MEGHANI

Decided: 8 January 2026
Disposal: Disposed Off
Bench: JITENDRA SHANTILAL JAIN

Holding

The appeal and the civil application were dismissed as infructuous because the original suit had already been disposed.

Summary

The appellant, Santosh Tuljaram Kendale, filed an appeal against Order (ST) No. 35619 of 2018 along with Civil Application No. 1096 of 2018. The original suit underlying the appeal had been disposed of on 12 November 2022. The appellant contended that the appeal should still be heard despite the disposal of the suit. The court examined the procedural position and observed that with the final disposal of the suit, there was no substantive matter left for adjudication. Accordingly, the appeal and the accompanying civil application were held infructuous and were disposed of.

Issues considered

Whether an appeal from an order remains maintainable when the original suit has already been disposed?

Subjects

appeal
infructuous
civil procedure
order disposal
high court

Judgment

  2026:BHC-AS:611
                               Sayyed                                                 17-AO(ST).35619.2018.doc


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION

                                          APPEAL FROM ORDER (ST) NO.35619 OF 2018
                                                             WITH
                                              CIVIL APPLICATION NO.1096 OF 2018

                               Santosh Tuljaram Kendale                     ...Appellant/Applicant
                                      Versus
                               Jyoti Amarlal Meghani                        ...Respondent
                                     _____________________________________________________
                               Mr. Manoj M. Badgujar for the Appellant/Applicant.
                                    _____________________________________________________

                                                             CORAM :        JITENDRA JAIN, J.
                                                             DATE       :   08 JANUARY 2026
                               P.C.:

                               1.       The learned counsel for the appellant states that the original
                               suit has been disposed of on 12 November 2022.


                               2.       In view of above, nothing survives in the Appeal From Order.
                               Therefore, the Appeal From Order and the Civil Application therein are
                               disposed of as having become infructuous.




                                                                             [ JITENDRA JAIN, J. ]




Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 08/01/2026 15:14:04                                      1 of 1

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