The High Court rejected an application seeking priority hearing for a Family Court Appeal on the ground of the applicant's hypertension. The court noted a backlog and denial of priority.
Application for out-of-turn priority to Family Court Appeal of 2012 was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
cam-83-16.doc
rpa 1/1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.83 OF 2016 IN
FAMILY COURT APPEAL NO.118 OF 2012
Office Notes, Office Memorandam of appearances, Court's or Judge's orders Court's orders or directions & Registrar’s orders.
…... Mr. Yuvraj Tribhuvan i/b. Mr. Ajit S. Karwande, Advocate for the applicant.
Mr. J. S. Kapre, Advocate for Respondent.
CORAM : A.S. OKA AND P.D. NAIK, JJ.
DATED : APRIL 6, 2016.
P.C.
The prayer in this application is for giving out of turn priority to the Family Court Appeal of the year 2012 on the ground that applicant is suffering from hypertension.
2 In the cause list of the Family Court Appeals notified for this week consisting of 51 matters, the Appeals from the year 2007 to 2009 have been listed. There are large number of Appeals pending of the years 2009, 2010 and 2011. Hence, the prayer for giving out of turn priority to the Appeal of the year 2012 is rejected. The application is accordingly rejected.
2 issues framed by the court
Whether the applicant is entitled to priority hearing in the Family Court Appeal given his medical condition of hypertension.
Whether the High Court should exercise its discretion to hear the 2012 Appeal despite pending Appeals from 2007 to 2011.
Applicant
Respondent
A.S. Oka
P.D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
