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Bombay High Court

SUNIL VASANT JADHAV and ANR.versusMANGAL SAMBHAJI BHOSALE and ORS.

Disposal
Disposed Off

Holding

The application was dismissed as infructuous because the first appeal had already been disposed.

Summary

The applicants, Sunil Vasant Jadhav and another, filed a civil application (FA No. 835 of 2004) after the disposal of First Appeal No. 354 of 2004. They contended that, since the appeal had been decided, there was nothing left to be pursued in the application. The court accepted this submission and held that the application was no longer maintainable. Consequently, the court disposed of the application as infructuous. No further orders were made.

Issues considered

  • Whether the civil application remains maintainable after the disposal of the first appeal on which it was based

Subjects

  • civil application
  • infructuous
  • appeal disposal
  • procedural law

Judgment

                                                                                      910.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIRCUIT BENCH AT KOLHAPUR
                                        CRIMINAL APPELLATE JURISDICTION
                                      CIVIL APPLICATION IN FA NO. 835 OF 2004
                                                        IN
                                           FIRST APPEAL NO. 354 OF 2004
                       Sunil Vasant Jadhav And Anr.                        ...Applicants
                               Versus
                       Mangal Sambhaji Bhosale And Ors.                         ...Respondents
                       _______________________________________________________________
                       Mr. Sharad Bhosale, Advocate for the Applicants.
                       Ms. Suvarna Yadav, Advocate for the Respondent No. 1, 2 and 3.
                       Ms. S. S. Dwivedi, Advocate for the Respondent No. 4.
                       _______________________________________________________________
                                                   CORAM : ASHWIN D. BHOBE, J.
                                                    DATE : 8th October, 2026.
                       P.C. :

                       1.       Mr. Sharad Bhosale, learned Advocate for the Applicants, states

                       that in view of the disposal of the First Appeal No. 354 of 2004, nothing

                       further survives in this Application and as such this Application be

                       disposed of.



                       2.       In view of the statement made by Mr. Sharad Bhosale, learned

                       Advocate for the Applicants, this Application is disposed of as

                       infructuous.



                                                                     (ASHWIN D. BHOBE, J.)
          Digitally
          signed by
          ARJUN
ARJUN     KRISHNA
KRISHNA   RODGE
RODGE     Date:
          2026.10.09
          22:02:08
          +0530



                       Arjun                             1


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