1 25. SA 338.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.924 OF 2026 IN SECOND APPEAL NO.338 OF 2026 Sunil Y. Patle Vs. MSEDCL Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. R. M. Pande, Advocate for appellant. CORAM : MRS. VRUSHALI V. JOSHI, J. DATE : 16.09.2026. . This is an application filed by the applicant - appellant for grant of permission to continue to prosecute the appeal as an indigent person under Order XLIV Rule 3 read with Order XXXIII Rule 1 of the Code of Civil Procedure, (for short, “the CPC”). 2. The appellant has initially filed the suit as an indigent person. After conducting the requisite inquiry, the Trial Court permitted him to prosecute the suit as an indigent person. 3. Thereafter, the appellant was also permitted by the First Appellate Court to prosecute the appeal as an indigent person and now he has filed the present application seeking permission to continue to prosecute the appeal as an indigent person. Though the appellant has received the compensation amount, the said amount represents the decretal amount arising out of the subject matter of the suit. 2 25. SA 338.26.odt 4. In view of XLIV Rule 3 of CPC no further enquiry is necessary unless there is reason to doubt the continued indigency of the appellant. 5. As per Order XXXIII Rule 1 of the CPC, the property or amount which is the subject matter of suit or appeal shall not be taken into consideration while determining whether a person is an indigent person. Since the appellant was already permitted to prosecute the proceedings as an indigent person, the application is allowed and disposed of. SECOND APPEAL NO.338 OF 2026 6. Await service. 7. Stand over after two weeks. (MRS. VRUSHALI V. JOSHI, J.) T αɳɱαყ...