Bombay High Court

SHAMRAO SHRIPATI PATILversusVITHAL NARSU PATIL AND ANR

Disposal: Allowed

Holding

The Court allowed the interim application and fixed a peremptory date for the final hearing of the Second Appeal.

Summary

The sole respondent, aged 85, filed an interim application seeking a peremptory date for the hearing of Second Appeal No. 406 of 2010. The applicant, Shamrao Shripati Patil, opposed the request. The Court examined the application and the counsel's submissions. Finding that the respondent's advanced age justified expediting the hearing, the Court allowed the interim application. It ordered that the Second Appeal be listed for final hearing on 8 October 2026 and directed the appellant to file the private paper book by 1 October 2026, serving a copy to the respondent.

Issues considered

What is the appropriate procedural step to address the respondent's request for a peremptory hearing date given his advanced age?

Subjects

interim application
peremptory date
age of litigant
civil appellate jurisdiction
hearing schedule

Judgment

                                                        ia-781-2025.docx


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
                 CIVIL APPELLATE JURISDICTION


              INTERIM APPLICATION NO. 781 OF 2025
                              IN
                 SECOND APPEAL NO. 406 OF 2010

Shamrao Shripati Patil                     … Applicant
           V/s.
Vithal Narsu Patil And Anr                 … Respondents
               ________________________
Mr. Sachind P. Shetye i/b. Mr. Amar Parsekar a/w. Mr.
Ajay Parsekar, Advocate for the Applicant.
Mr. Nikhil N. Pawar, Advocate for respondent.
               _________________________

                             CORAM    : RAJESH S. PATIL, J.


                             DATED    : SEPTEMBER 10, 2026
P.C.:
1.      This Interim Application is filed by the sole respondent

seeking to fix a peremptory date for hearing of the Second Appeal

on the ground that the respondent is now 85 years of age.


2.      Heard the learned counsel for both the sides. I have gone

through the contents of the Interim Application. A case is made out

to allow the Interim Application.


3.      The Interim Application stands allowed in terms of prayer

clause (a). The Second Appeal be listed for final hearing on 8

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                                                       ia-781-2025.docx


October 2026.


4.    The appellant shall file the private paper book by 1 October

2026 and serve a copy thereof upon the other side.




                                            (RAJESH S. PATIL, J.)




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