Bench dismissed Civil Application for out of turn priority over other Family Court Appeals on grounds that applicant was not a senior citizen and had not claimed one despite holding medical certificate dated May 13, 2014.
Civil application rejected; appeal listed as per turn on appropriate final hearing board.
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FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.10 OF 2016 IN
FAMILY COURT APPEAL NO.116 OF 2010
Office Notes, Office
Memorandam of Coram,
appearances, Court’s orders Court’s or Judge’s orders
or directions and
Registrar’s orders
Mr.Rajendra Mishra for the Applicant
Ms B.Sharada Advocate appointed for the Respondent.
CORAM : A.S.OKA, &
SMT.ANUJA PRABHUDESSAI,JJ.
DATE : MARCH 1, 2017
P.C.
1The learned counsel for the
applicant-husband relies upon the
medical certificate which is dated 13th
May 2014. He seeks out of turn
priority to the hearing of the Family
Court Appeal of the year 2010. On the
final hearing cause list, there are
Family Court Appeals from the year 2008
onwards listed for final hearing. In
some such Appeals, the parties to the
appeals are senior citizens. In the
present case, the applicant is not
claiming to be a senior citizen. Only
on the basis of the certificate dated
13th May 2014, out of turn priority for
2 cam10
hearing of the appeal of the year 2010
cannot be given. Civil application is
rejected. However, we direct that the
appeal shall be listed as it is on
appropriate final hearing board as per
its turn.
(ANUJAPRABHUDESSAI,J.) (A.S.OKA,J.)p
1 issue framed by the court
Whether an applicant seeking out of turn priority to the hearing of a Family Court Appeal on the basis of a medical certificate dated May 2014, without claiming senior citizen status, is entitled to s
Rajendra Mishra
Sharada
A.S.OKA
ANUJA PRABHUDESSAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court