Mumbai: The Bombay High Court has adjourned a nine-year-old defamation suit to be heard in 2046, after finding that the case was an “ego fight” between two senior citizens.
The order was passed on April 28, 2026, by Justice Jitendra Jain in Suit No. 07 of 2017, titled Tarinibahen Desai & Anr. v. Kilkilraj Bhansali & Ors., before the Court’s Ordinary Original Civil Jurisdiction.
The suit was filed in 2017 by two women, arising from a dispute within the Shyam Co-operative Housing Society. The core of the dispute involves notices, letters, and resolutions related to a 2015 annual general meeting, which included a resolution expelling them from the Society. The women sought ₹20 crore in damages, claiming that the Society’s communications were defamatory and caused them mental harassment and distress.
In 2018, the Court was informed of a possibility of settlement, which did not materialise. The Court thereafter framed issues and proceeded with the civil trial.
On March 27, 2025, when the matter was listed for hearing, none of the parties were present or represented by their lawyers. The Court adjourned the case to July 10, 2025, and warned that if none appeared for the women on the next date, it would consider dismissing the suit.
On April 28, 2026, Justice Jain noted that the Court had, on an earlier occasion, indicated that the dispute could be resolved if an unconditional apology was tendered. However, Plaintiff No. 1, Tarinibahen Desai, who is close to 90 years of age, insisted on pursuing the suit.
The Court observed: “This is one of the matters where the ego fight between the parties, at the fag end of their lives, clogs the system, which prevents the Court from taking up matters that require greater priority.”
Justice Jain added: “I do not wish to state anything further except that this matter should not be taken up for the next 20 years.”
The Court further directed that the matter shall not be given priority on the ground that the plaintiffs are senior citizens or super senior citizens, stating: “List this matter after 2046. At any cost, this matter should not be given priority on the ground that the petitioners are senior citizens or super senior citizens. It is expressly made clear that this matter will not be taken up for hearing before 2046.”
Against this backdrop, the April 28 order by Justice Jain effectively freezes further hearings in the defamation suit for two decades.
Case Details:
- Court: High Court of Judicature at Bombay, Ordinary Original Civil Jurisdiction
- Case Title: Tarinibahen Desai & Anr. v. Kilkilraj Bhansali & Ors.
- Suit No.: 07 of 2017
- Bench: Justice Jitendra Jain
- Date of Order: April 28, 2026
- Appearances: Ms. Sanskruti Yagnik for the Plaintiffs; Mr. Pushkraj Deshpande a/w Ms. Anushtha Rathod i/by ALMT Legal for Defendant Nos. 1 to 4, 6 & 7; Mr. Nilesh Parte for Defendant No. 5