Shashikant M. Mistry (Deceased) Thr Lrs. Subhadra S. Mistry And ANR v. Dr. Manjuladevi Mistry And ORS

11-AOST11529-17.DOC Talwalkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER ST. NO. 11529 OF 2017 WITH CIVIL APPLICATION ST. NO. 11530 OF 2017 Subhadra S. Mistry & anr.

...Appellants

Versus

Dr. Manjuladevi Mistry & ors.

...Respondents

Mr Rashid Khan i/b. Rutvij Bhatt for the Appellants.

Mr Ashish Kamani a/w Mrs Tanmayee Gadre, Mr Sunil Goregaon, Mr Jayesh Mistry i/b. RMG Law, Ass. for the Respondents No 1 to 3.

CORAM: G.S. PATEL, J DATED:

7th June 2017 PC:- 1.

On instructions, the learned advocate for the Appellants seeks leave to withdraw the appeal. The appeal is dismissed as withdrawn. 2.

I am informed that in the suit itself the evidence is complete and the suit has been scheduled to be listed for final hearing on 13th June 2017. Considering the age of some of the parties who are about 90, 85 and 80 years old, the trial Court is not to entertain any application for adjournment and to proceed with the final hearing of the suit on a schedule convenient to the Court. The final hearing 7th June 2017

11-AOST11529-17.DOC should commence on 13th June 2017 as scheduled and should be completed, if possible, by 30th June 2017.

3.

With these observations, the appeal is disposed of 4.

The Civil Application is infructuous and is disposed of accordingly.

(G. S. PATEL, J.) 7th June 2017