Ajitsingh Surjitsingh Bagga v. Surjitsingh Amrajitsingh Bagga And Othrs

Sherla V.

caf.4063.2015_905.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4063 OF 2015 IN FIRST APPEAL NO.909 OF 2010 a/w FIRST APPEAL NO.909 OF 2010 Ajitsingh Surjitsingh Bagga ... Applicant Vs.

Surjittsingh Amarjitsingh Bagga & Ors.

... Respondents Mr.C.G. Patil for the Applicant CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 18th DECEMBER, 2015 P.C.:

1.

The application is filed for restoration of the first appeal as it was dismissed by order dated 2.9.2010. The learned Counsel submits that the said appeal is valued below Rs.1 crore and hence, it is required to be transferred to the District Court due to the enhancement of the pecuniary jurisdiction.

2.

In view of the order dated 6.2.2012 passed in Writ Petition (L) No.228 of 2012 (Vikas Baburao Sonawane vs. State of Maharashtra & Ors.), this application for restoration is treated as review petition. The order dated 2.9.2010 is reviewed and hereby recalled and the appeal is restored to its original file.

1 / 2

caf.4063.2015_905.doc 3.

In view of the notification issued by the Law and Judiciary Department, Government of Maharashtra under Maharashtra Civil Courts (Amendment) Act, 2015 bearing No.CCS.2014/C.R.25/D19 dated 31.8.2015, the Appeal alongwith Civil Application, are transferred to the District Court, Pune. Registrar (Judicial) to take note of the same and do the needful by 15.1.2016. Parties to appear before the District Court, on 22.10.2016. Interim order, if any, to continue till then. 4.

The appeal and the application are disposed of as transferred. 5.

All concerned to act on an authenticated copy of this order. (MRIDULA BHATKAR, J.) 2 / 2