1 16-caf.1042.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1042 OF 2011 IN FIRST APPEAL (stamp) NO. 27948 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. . Perused the report submitted the the Tahasildar, Malegaon. This is an application under Rule 1 of Order XLIV of the Code of Civil Procedure, 1908. The money decree passed against the Applicant is in a summary suit. In the summary suit, the Applicant has been described as the proprietor of K.G.Traders. The report of the Tahasildar shows that the Applicant is having house property worth about Rs.3,50,000/-. The Applicant's husband is holding land on leave and licence basis from the Agricultural Market Produce Committee. Hence, the Applicant cannot be said to be 2 16-caf.1042.11 an indigent person. Accordingly, the application is rejected. However, time of eight weeks is granted to pay the Court-fees. 2 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 ]