1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.1657 OF 2004 IN WRIT PETITION NO.3038 OF 1993 Shankarlal s/o Jamnalal Dhoot & anr. ... APPLICANTS VERSUS Kashibai w/o Hari & ors. ... RESPONDENTS ..... Shri A.P. Bhandari, Advocate holding for Shri S.V. Gangapurwala, Advocate for applicants Shri D.M. Shinde, Advocate holding for Shri N.N. Chitlange, Advocate for respondents ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 25th November, 2009. ORAL ORDER : 1. Rule. Rule made returnable forthwith and heard finally by consent of learned counsel for the parties. 2 2. The applicants have preferred the present application requesting to fix the Writ Petition No.3038/1993 for final hearing at the earliest. 3. The learned counsel for the applicants pointed out that earlier Civil Application under Stamp No.24954/2003 was preferred by the applicants requesting to fix up the early date of hearing in Writ Petition No.3038/1993 and same was allowed and said Writ Petition was directed to fixed for final hearing, but Board came to be discharged and the matter could not be heard and decided finally so far. 4. Besides that, the learned counsel for the applicants further submits that both the applicants are senior citizens and, therefore also the said Writ Petition is required to fixed for final hearing. 5. Learned counsel for the non applicants opposed the present application vehemently and submitted that the present application bears no substance and it is devoid of any merits and hence, same be rejected. 6. Considering the averments in the present application and also considering the rival contentions, 3 apparently it appears that Civil Application under Stamp No. 24954/2003 was moved by the applicants requesting for early hearing of Writ Petition No.3038/1993 and same was allowed by this Court (Coram : A.P. Deshpande, J.) and the said Writ Petition was fixed for final hearing, but since Board was discharged, sadid matter could not be heard finally. , 7. Besides that, both the applicants appear to be senior citizens. Moreover, the Writ Petition is of 1993 and hence, same is required to be taken up for final hearing at the earliest in the interest of justice. 8. In the result, present application is allowed in terms of prayer clause (B) thereof and Writ Petition No.3038/1993 be fixed for final hering in the week commencing from 11th January 2010. Rule made absolute in above terms. (SHRIHARI P. DAVARE, J.) fmp/ca1657.04