IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE CIVIL CIVIL CIVIL APPLICATION NO. 1584 OF 2004 APPLICATION NO. 1584 OF 2004 APPLICATION NO. 1584 OF 2004 IN IN IN SECOND SECOND SECOND APPEAL NO. 33 OF 1998 APPEAL NO. 33 OF 1998 APPEAL NO. 33 OF 1998 ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 4th February, 2005. : 4th February, 2005. : 4th February, 2005. P.C.: P.C.: P.C.: 1. Heard learned Counsel for the Applicant. Case for restoration is made out. Civil Application is allowed in terms of prayer clauses (a) and (b). 2. The learned Counsel appearing for the Applicant states that the Appeal may be fixed for final hearing as the Appellant is a senior citizen. I find from the order passed in the Appeal that the same is already expedited. When there are Second Appeals of the year 1983 and 1984 pending for final hearing in this Court, no preference can be given to the Appeal of the year 1998. Hence the application for early date of hearing is rejected. Judge. Judge. Judge.