← Library
Bombay High CourtCA/10811/2018disposed offdismissed for default

Eknath Gajanan Kulkarni Lrs Suhas And Others v. Rangnath Parmeshwar Mali Lrs Sonabai And Others

2019-01-10Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10811 OF 2018 IN SECOND APPEAL NO. 728 OF 2003 EKNATH GAJANAN KULKARNI LRS SUHAS AND OTHERS

VERSUS

RANGNATH PARMESHWAR MALI LRS SONABAI AND OTHERS ...

Mr. C. K. Shinde, Advocate for applicants Mr. V. D. Hon, Advocate for respondents No.1 to 2-C ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 10-01-2019.

PER COURT :

1.

Present application is filed by the appellants in Second Appeal No. 728 of 2003 for early hearing. It has been submitted on behalf of the appellants that, the matter was in fact taken up for final hearing and after hearing and in view of the pursis filed by the appellants, the matter was referred for mediation. However, the mediation report has come that, it is failed.

2.

It is stated that, some of the parties are senior citizens. The matter is quite old. There is also offshoot of the proceedings which is now pending before the lower Court. Though different suit, however

Civ.Appln 10811-2018 it is stated that, the concerned Court is not proceeding ahead in view of the pendency of these appeals.

3.

The learned advocate for the respondent No.1-A to 1-D have no serious objection for fixing the matter for hearing. There are matters pending since 1990 before this Court, however taking into consideration the fact that both the parties are ready and some of the parties are senior citizens, the matter will be taken up for final hearing on 20-02-2019. Application is disposed of accordingly. (SMT. VIBHA KANKANWADI) JUDGE vjg/-.