In a rather unusual and striking order, the Bombay High Court has effectively put a long-standing defamation suit into cold storage for two decades, sharply criticizing the litigants for engaging in what it termed an “ego fight” that burdens judicial time.
The dispute arises out of a defamation suit filed by elderly plaintiffs, including Plaintiff who is nearly 90 years old. The matter had been pending before the Court, and earlier suggestions were made to resolve the issue amicably through an unconditional apology. However, the plaintiffs chose to continue litigation instead of settling the dispute.
The plaintiffs insisted on pursuing the defamation claim despite the Court’s prior indication that the matter could be resolved through apology. On the other hand, the defendants resisted the claims, and the litigation continued without resolution, contributing to prolonged pendency.
The Court made a strong remark on the nature of the dispute, observing that “This is one of the matters where the ego fight between the parties at their fag end of their life clogs the system, which prevents the Court from taking up the matters which really requires more priority.” Further, the Court noted that “I do not wish to state anything further except that this matter should not be taken up for the next 20 years.”
The High Court directed that the matter be listed only after 2046, clarifying that it will not be taken up before then and will receive no priority, even due to the parties’ advanced age.
Case Title: Tarinibahen Desai & Anr. v. Kilkilraj Bhansali & Ors.
Case No.: Suit No. 07 of 2017
Coram: Hon’ble Mr. Justice Jitendra Jain
Advocate for the Plaintiff: Mr. Sanskruti Yagnik
Advocate for the Defendants: Mr. Pushkraj Deshpande a/w Ms. Anushtha Rathod i/b ALMT Legal
Read Judgment @Latestlaws.com
Picture Source :
