Indian Oil Corporation Ltd. And ANR v. Gayatri Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.12 of 2015 ====================================================== Indian Oil Corporation Ltd. & Anr .... .... Appellant/s

Versus

Gayatri Devi & Ors .... .... Respondent/s ====================================================== Appearance:

For the Indian Oil Corporation- Appellants : M/s. Anil Kumar Sinha and Ankit Katrirar, Avocates.

For the Respondents : ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------------- 28-08-2015 Perused the office notes dated 22.06.2015. Heard learned counsel for the appellants.

There is report of the Stamp Reporter that the District Judge, Katihar, has returned the memo of Title Appeal No.05 of 2010 to the appellants on the point of pecuniary jurisdiction vide order dated 28.05.2014 but now, within the pecuniary jurisdiction the District Judge may hear the Title Appeal up-to Rs.10,00,000/-. The valuation of the present appeal is Rs.6,24,000/-. Learned counsel for the appellants submits that on 28.05.2014, the memo of Title Appeal No.05 of 2010 was returned to him by the court of District Judge as at that time the pecuniary jurisdiction of the District Judge to hear the Title Appeal was not enhanced but before filing of the present first appeal on 22.06.2015, the pecuniary jurisdiction of the District Judge to hear

Patna High Court FA No.12 of 2015 (3) dt.28-08-2015 2/2 the Title Appeal was enhanced up-to Rs.10,00,000/-. As such, the appellants want to present the memo of Title Appeal before the District Judge, Katihar.

In view of the submission of the learned counsel for the appellants, let the office return the memo of the Title Appeal No.05 of 2010 alongwith the court fees to the learned counsel for the appellants within two weeks so that the learned counsel for the appellants may present the memo of the appeal before the court concerned.

(Rajendra Kumar Mishra, J) P.S./- U