Bombay High Court
Ajay Rambhauappa Bhusari vs Smt. Sulochana Ratan Adhau And Others on 7 September, 2018
Author: Z.A. Haq
Bench: Z.A. Haq
1 mca730.18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC.CIVIL APPLN. NO. 730 OF 2018
IN
FIRST APPEAL ST.NO. 23955 OF 2017
(AJAY RAMBHAUAPPA BHUSARI....VS.. SMT. SULOCHANA RATAN ADHAU & OTH.)
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri U.J.Deshpande, Advocate for Appellant.
CORAM : Z.A.HAQ, J.
DATED : SEPTEMBER 07, 2018.
Office note shows that the report of Collector, Akola on Miscellaneous Civil Application No.730 of 2018 filed by the applicant/appellant under Order 44 Rule 1 of the Code of Civil Procedure seeking permission to file and prosecute the appeal as indigent person is awaited.
As the applicant/ appellant seeks permission to file appeal as an indigent person, in my view, the applicant/ appellant is not entitled for interim order as sought by him. If the applicant/appellant is not having any immovable property it would not be possible to execute the award against him.
The learned advocate for the applicant/appellant states that the applicant/appellant will face the action of civil prison in execution proceedings. If such situation arises, the applicant/appellant will be at liberty to file appropriate application at that stage.
With the above observations, the interim order granted by this Court on 15 th February, 2018 is vacated. The ::: Uploaded on - 11/09/2018 ::: Downloaded on - 12/09/2018 00:29:33 ::: 2 mca730.18 Tribunal may proceed with the execution of the impugned award.
The Collector, Akola shall file report within eight weeks.
JUDGE RRaut..
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