Bombay High Court
SHRI SANTOSH RAMDULAR PATHAK AND ANRversusSHRI BADRIPRASAD SUKHDEO YADAV AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ARIF S DOCTOR
Holding
The Court ordered that the First Appeal be expedited and set a date for its final hearing.
Summary
The applicants filed an interim application seeking expedition of the First Appeal (No.233 of 2013) on the ground that Respondent No.2, who is 82 years old and suffers from multiple health ailments, requires a speedy hearing. The learned counsel for Respondent No.2 stated that there is no objection to the request for expediting the matter. The Court considered the health condition of the elderly respondent and the lack of opposition. Accordingly, the interim application was disposed of and the hearing of the appeal was ordered to be expedited. The Court fixed the final hearing of the First Appeal for 24th August 2026.
Issues considered
- Whether the Court should expedite the hearing of the First Appeal on account of the respondent's advanced age and health condition.
Subjects
- interim application
- expedition of hearing
- elderly litigant
- civil appellate jurisdiction
- health considerations
Judgment
38.1426.26-iaf.docx
Digitally
signed by
BASAVRAJ
BASAVRAJ GURAPPA IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GURAPPA PATIL
PATIL Date:
2026.07.28
11:51:14
CIVIL APPELLATE JURISDICTION
+0530
INTERIM APPLICATION NO.1426 OF 2026
IN
FIRST APPEAL NO.233 OF 2013
Santosh Ramdular Pathak & Anr. .. Applicants
In the matter between:
Santosh Ramdular Pathak & Anr. .. Appellants
Vs.
Badriprasad Sukhdeo Yadav & Anr. .. Respondents
...
Mr. Saurabh R. Mishra i/b. Mr. Rajendra R. Mishra for the
Applicants
Ms. Sarita Shetye with Mr. Akshay Pawar and Mr. Faiz Ali Khan
for Respondent Nos.2(a) to (c).
CORAM : ARIF S DOCTOR, J.
DATE : 27th JULY, 2026
P.C. :
This Application seeks expedition of the captioned First Appeal. The
reason stated is that Applicant No.2 is 82 years of age and suffers from various
health ailments.
2. The learned counsel appearing on behalf of Respondent No.2 has very
fairly submitted that he has no objection.
3. In view of the above, the Interim Application is disposed of. Hearing of
the Appeal is expedited.
4. Let the First Appeal come up on board for final hearing on 24th August
2026.
[ARIF S DOCTOR, J.]
Basavraj Page | 1
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