Smt. Ashabai Wd/O Purushottam Nandanwar And Others v. Momeen Sumsuddin Ahmed And Others

Order 0912mcast19265.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION ST. NO. 19265/2017 IN FIRST APPEAL ST. NO. 19233/2017.

Smt. Ashabai Purushotam Nandanwar and others. -VERSUSMomeen Samsuddin Ahmed and others.

Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri A.V. Joshi, Advocate for Applicants.

Shri N.R. Thamke, Advocate h/f. Ms. M.Naik, Advocate for the Non-applicant No.2.

Ms.M.A. Barabde, Advocate for State.

None for other Non-applicants.

CORAM : VINAY JOSHI, J.

DATE : 09.12.2019.

Heard.

2.

Applicants/appellants have moved this application seeking permission to sue as indigent person, since they have no means to pay court fee. 3.

On this application, report was called from the Tahsildar, Nagpur City to verify the financial position as well as immovable property, if any, held by applicants. The said report is received and is filed on

Order 0912mcast19265.17 record by the learned A.G.P., along with a Pursis. 4.

It reveals that applicants are not having any immovable property, but, are residing on re-sold plot of Nagpur Improvement Trust. Applicant no.1 is working as a labour and earning Rs.100/- per day, whereas, her son is serving as helper in a saree shop. Moreover, it is reported that they do not possess any agricultural land.

5.

In the circumstances, considering the said report, I find no difficulty in permitting applicants to file First Appeal as indigent person. In the result, present Misc. Civil Application is allowed. Office to proceed further.

JUDGE Rgd.