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Bombay High CourtCAF/1190/2015transfer to other court

Mr. Sudhir Prabhakar Junnarkar v. Mr. Pukharaj Nagraj Ranka

2017-07-18Hon'Ble Shri Justice G.S. Patel2 pages

59-CAF1189-15.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1189 OF 2015 IN FIRST APPEALNO. 1122 OF 2012 WITH CIVIL APPLICATION NO. 1190 OF 2015 Sudhir Prabhakar Junnarkar ...Applicant

Versus

Pukhraj Nagraj Ranka

...Respondent

Mr Tushar Sonawane, for the Appellant.

CORAM: G.S. PATEL, J DATED:

18th July 2017 PC:- 1.

The appellant suffered dismissal of the appeal for failure to file the appeal paper-book in time. The appeal paper-book is ready. The civil application seeks condonation of delay in filing the present civil application, which I will condone and restoration of the first appeal. The first appeal is restored to file. Paper-book is to be filed within one week from today. In default, the first appeal will be dismissed and it will not be restored under any circumstances. 18th July 2017

59-CAF1189-15.DOC 2.

The valuation of this appeal puts it considerably below Rs 1 crore. It needs to be transferred to the District Court in Nashik. So ordered.

3.

The R&P and the paper-book will also be transferred to that court. Appellants will appear before the District Court on 28th August 2017 and obtain necessary directions for final hearing of the appeal.

4.

Civil application no. 1189 of 2015 is disposed of in these terms with no order as to costs.

5.

Civil application no. 1190 of 2015 will also be transferred to the District Court at Nashik. The District Court will consider it on its own merits.

(G. S. PATEL, J) 18th July 2017