Bombay High Court
CHATURABAI GAUTAMCHAND SHAH SINCE DESEASED THROUGH ITS LEGAL HEIRES SHRI ARVIND GUATAMCHAND SHAHversusJAWAHER GAUTAMCHAND SHAH
- Decided
- Disposal
- Disposed Off
- Bench
- MILIND N JADHAV
Holding
The Court exercised its discretion to expedite the hearing, directing the Second Appeal be listed for an early date.
Summary
The appellant, an 82‑year‑old litigant, filed Interim Application No.11303 of 2025 seeking an expedited hearing of a Second Appeal dated 2018, citing his advanced age and medical condition. The applicant was represented by Mr. Ronak M. Utagikar, assisted by Mr. Tejas D. Deshmukh. The Court examined the request and considered the appellant’s health and the delay in the original appeal. Finding merit in the plea, the Court ordered that the Second Appeal be listed for an early date of 17 January 2026 at 3:00 p.m. The interim application was consequently disposed. The order reflects the Court’s discretion to manage its docket in view of the parties’ circumstances.
Issues considered
- Whether the Court should expedite the hearing of a Second Appeal on account of the appellant’s advanced age and medical condition
Subjects
- expedited hearing
- interim application
- civil appellate jurisdiction
- age and medical condition
- court discretion
Judgment
23.IA.11303.2025.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.11303 OF 2025
IN
SECOND APPEAL NO.648 OF 2018
Chaturabai Gautamchand Shah (Since deceased
through legal heirs) Arvind Gautamchand Shah .. Applicant
IN THE MATTER BETWEEN:
Chaturabai Gautamchand Shah (Since deceased
through legal heirs) Arvind Gautamchand Shah .. Appellant
Versus
Jawaher Gautemchand Shah Respondent
....................
Mr. Ronak M. Utagikar, Advocate i/by Mr. Tejas D. Deshmukh for
Applicant.
...................
CORAM : MILIND N. JADHAV, J.
DATE : JANUARY 08, 2026
P.C.:
1. Heard Mr. Utagikar, learned Advocate for Applicant.
2. Interim Application is filed for expeditious hearing of Second
Appeal. Second Appeal is of the year 2018. That apart, Appellant is of
82 years old as informed by Mr. Applicant.
3. Interim Application is allowed in terms of prayer clause (b)
which reads thus:-
“(b) This Hon’ble Court may be pleased to expedite the hearing of the
original Second Appeal by fixing an early date taking into
consideration the situation and medical condition of the
Appellant.”
4. In that view of the matter, Second Appeal deserves to be
heard.
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23.IA.11303.2025.doc
5. List the Second Appeal on 17th January, 2026 at 03:00 p.m..
6. Interim Application No.11303 of 2025 is disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
by HARSHADA
HARSHADA HANUMANT
HANUMANT SAWANT
SAWANT Date:
2026.01.08
18:11:26 +0530
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