1 ca15834.07 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.15834 OF 2010 IN FIRST APPEAL No.131 OF 2005 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Coram: Shrihri P. Davare, J. Date : 06.01.2011. 1. Heard Shri M.L. Dharashiv, learned counsel for the applicant (original claimant). 2. The applicant (original claimant) has preferred this application for fixing first appeal No.131 of 2005 for final hearing at the earlier date. 3. It is the contention of the applicant that he is the only earning member and Karta of the family and due to accident he is unable to work. He also contended that he is 60 years old and, therefore, prayed that the aforesaid first appeal be taken up for final hearing at an early date. 4. It is further submitted that the marriage of the daughter of the applicant is fixed and, therefore, amount is 2 ca15834.07 required therefor and the applicant is suffering from financial difficulties and therefore also, it is necessary to take up the said first appeal for final hearing at the earliest. 5. It is the matter of record that the accompanying first appeal is of the year 2005 and the Appeals prior to the year 2005 are pending before this court for final hearing. Moreover, although the applicant has stated in the present application that he is of sixty years old, no documentary evidence has been produced to substantiate the said fact and, therefore, the applicant cannot be construed as senior citizen in the absence of such documentary evidence. 6. In the circumstances, the accompanying first appeal cannot be taken up for final hearing out of turn and the present application does not bear any substance and same deserves to be rejected. 7. In the result, present application stands dismissed and is disposed of, accordingly. (SHRIHARI P. DAVARE, J.) pnd/ca15834.10