1 16 caf.1016.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1016 OF 2011 IN FIRST APPEAL (stamp) NO. 27946 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. M.S.Karnik for the Applicant. Mr. J.B.Kotecha for Respondent No.1. Mr. A.R.Patil, AGP for Respondent No.2. CORAM : A.S.OKA, J. DATE : 12 th August, 2011. P.C. . Heard the learned counsel appearing for the parties. 2 Perused the report submitted by the Tahasildar, Malegaon. This is an application under Rule 1 of Order XLIV of the Code of the Civil Procedure, 1908. A money decree has been passed against the Applicant in a summary suit. In the summary suit, the Applicant has been described as the proprietor of K.R.Traders. The suit arises out of a commercial transaction. Though the report of the Tahasildar does not specifically disclose that the Applicant is holding 2 16 caf.1016.11 any specific immovable property, members of the Applicant’s family including her husband are holding immovable properties. As per the letter of the Sub- Registrar of Assurances, the market value of the house property held by the husband of the Applicant is Rs.3,32,000/-. As per the report of the Circle Officer, Malegaon, the value of the property is Rs.5,00,000/-. The other members of the family including the father- in-law of the Applicant are holding immovable properties. Hence, it cannot be said that the Applicant is an indigent person. Accordingly, the application is rejected. However, time of eight weeks is granted to pay the Court-fees. 3 If the Court fees is not paid within the stipulated time, the appeal will stand dismissed for non- prosecution without further reference to the Court. [ A.S.OKA, J ]