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Bombay High CourtCAS/130/2017allowed

Sambhaji Hariba Patil And ORS. v. Appasaheb Hariba Patil

2017-02-10Hon'Ble Shri Justice S.C. Gupte2 pages

Shivgan 1/2 59-CAS-130-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.130 0F 2017 IN SECOND APPEAL NO.141 OF OF 2013 Sambhaji H. Patil ...

Applicant

IN THE MATTER BETWEEN

Appasaheb H. Patil ... Appellant.

Versus

Sambhaji H. Patil & Ors.

...

Respondents .....

Ms. Manali Kaprekhar i/by A.M.Kulkarni, Advocates for the Appellants . Mr. Rajas Naik i/by U.R.Mankapure, Advocates for the Respondents. .....

CORAM : S.C.GUPTE, J.

DATE : 10 FEBRUARY 2017 P.C. :

.

Heard learned counsel for the Applicant. This application seeks expeditious hearing of the Second Appeal. Though the Second Appeal is of the year 2013, the Original suit, to which Applicant herein (Respondent to the Second Appeal) was one of the plaintiffs and which seeks partition and separate share of joint family property, is of the year 2000. The Applicant, who is the only surviving party amongst the plaintiffs, is over 78 years of age. Even the Respondent (Appellant in the Second Appeal) is also over 81 years old. The Second Appeal is, accordingly, expedited. The Second Appeal to come up for final hearing in the week commencing from

Shivgan 2/2 59-CAS-130-2017.odt 27.3.2017. The Applicant shall file a private paper-book within a period of six weeks from today.

The Civil Application, accordingly, stands disposed of. (S.C.GUPTE, J.)