Hareshkumar Jayantilal Thakkar vs Momen Yashinbhai Gulamrasul
2021 Latest Caselaw 18497 Guj

     C/FA/1780/2019                                  ORDER DATED: 16/12/2021



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                    R/FIRST APPEAL NO. 1780 of 2019
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                                  In
                    R/FIRST APPEAL NO. 1780 of 2019
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                      HARESHKUMAR JAYANTILAL THAKKAR
                                  Versus
                       MOMEN YASHINBHAI GULAMRASUL
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Appearance:
MR HRIDAY BUCH(2372) for the Appellant(s) No. 1
MR ASHISH M DAGLI(2203) for the Defendant(s) No. 2
NOTICE UNSERVED(8) for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                              Date : 16/12/2021

                               ORAL ORDER

1. In this appeal, the appellant has assailed the judgment and order dated 31.7.2018 passed by the Principal Senior Civil Judge, Palanpur in Special Civil Suit No.11 of 2009.

2. The suit instituted by the appellant in the Trial Court was for specific performance of contract etc. and it was valued at Rs.8,50,000/- for the purpose of jurisdiction and Court fees. However, it appears that inadvertently captioned of the appeal claim is valued at Rs.10 lakhs.

3. By notification dated 14.10.2014, pecuniary jurisdiction of the Courts established under the Gujarat Civil Courts Act 2005 is enhanced w.e.f. November 1, 2014. It is provided as under so far as appeals are concerned:-

C/FA/1780/2019 ORDER DATED: 16/12/2021

"2. Appeals:- Appeal from the decree and orders passed by a Court of Senior Civil Judge in original suits and proceedings of civil nature shall, when such appeals are allowed by law, lie to the Court of the District Judge of the district when the amount or value of the subject matter of the original suit or proceedings is less than ten lakhs of rupees. [See Section 15(2)(a) of the Gujarat Civil Courts Act, 2005]"

4. In view of the above provision of the notification, present appeal would not lie in this Court and therefore, it is required to be transferred to the concerned District Court for disposal of the appeal in accordance with law.

5. Hence, Following order is passed:-

6. In view of the above, the registry is directed to transmit the First Appeal along with its annexures, pending Civil Applications if any and record and proceedings if summoned, to the District Court, Banaskantha at Palanpur for disposal of the appeal in accordance with law, after retaining photocopies thereof.

(A.G.URAIZEE, J) SURESH SOLANKI