Shantabai Khashaba Thorat And ORS. v. Maruti Chandru Thorat (Since Deceased Thr. Lrs)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1141 OF 2015 IN SECOND APPEAL NO.448 OF 1993 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Kalpesh Uttamrao Patil for the applicant Mr.Deepak Lad i/b Mr.Umesh Mankapure for the respondent

CORAM

: K.K.TATED, J.

DATED : 21/09/2015 PC:

Heard the learned counsel for the parties.

This application is preferred by plaintiffs for vacating the interim order dated 18.6.1997 and for fixing early date of hearing.

The learned counsel for the applicant submits that applicant is not pressing prayer clause (a) of the Civil Application which reads thus:

"(a) That the interim Orders dated 18/6/97 of stay granted in favour of the Respondents in the above Second Appeal, may kindly be vacated."

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The learned counsel for the applicant submits that applicant is Senior Citizen. He is 75 years old. He submits that Second Appeal No.448 of 1993 be heard as early as possible.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as applicant is Senior Citizen, I am satisfied that the Applicant has made out a case for fixing early date of hearing. Hence, following order is passed:

a) Hearing of Second Appeal No.448 of 1993 is expedited in the list of Senior Citizen.

b) Office is directed to place the Second Appeal No.448 of 1993 in the weekly board in the list of Senior Citizen if it is ready for final hearing. c) Civil application stands disposed of accordingly.

(K.K.TATED, J.) 2/3

CERTIFICATE Certified to be true and correct copy of the original signed order.

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