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Bombay High Court

CHATURABAI GAUTAMCHAND SHAH SINCE DESEASED THROUGH ITS LEGAL HEIRES SHRI ARVIND GUATAMCHAND SHAHversusJAWAHER GAUTAMCHAND SHAH

Decided
Disposal
Disposed Off

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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