Ego Fight between Senior Citizens: Bombay High Court Recalls Order Adjourning Defamation Suit till 2046

Bar and Bench 29 April 2026

Public Interest

Updated at 2.05pm on 29 April 2026 to include the recall order from the HC.

The Bombay High Court has adjourned a 9-year-old defamation suit to be heard in the year 2046 after finding that the case was an “ego fight” between two senior citizens (Tarinibahen Desai and Anr v. Kilkilraj Bhansali and Ors).

In an order dated April 28, Justice Jitendra Jain said that the Court's time should be utilised to hear more pressing cases and hence, the matter should not be taken up for the next 20 years.

“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,” the Court observed.

The Court added that this matter should not be given priority on the ground that the petitioners are senior citizens or super senior citizens.

"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," the order said.

The judge noted that on an earlier occasion, the Court had indicated the dispute could be resolved if an unconditional apology was tendered, but the plaintiff Tarinibahen Desai, who is close to 90 years old, insisted on pursuing the suit for defamation.

“I do not wish to state anything further except that this matter should not be taken up for the next 20 years,” Justice Jain said in the order.

The order was passed in a suit filed in 2017 by two women stemming from a disagreement 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 crores as damages claiming that the communications of the society were defamatory, causing them mental harassment/distress.

In 2018, the Court was informed of a possibility of settlement. However that did not go through and the Court framed the issues before proceeding with the civil trial.

On March 27, 2025, when the matter was listed for hearing, the Court noted that none of the parties were present or represented through their lawyers.

The Court adjourned the case to July 10 and warned that if none appeared for the women on the next date, this Court will consider dismissing the Suit.

Against that backdrop, the April 28, order by Justice Jain effectively froze further hearings in the defamation suit for two decades.

UPDATE:
On Wednesday, the Bombay High Court recalled its order adjourning a defamation suit to 2046 and adjourned the matter for further consideration on 15 July 2026.

Courtesy: Bar & Bench

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