Shri. Navin Anant Gawali And ANR v. Shri. Suresh Yeshwant Phadke And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4073 OF 2021 IN APPEAL FROM ORDER NO. 472 OF 2012 Navin Anant Gawali and Another ...

Applicants

Versus

Suresh Yeshwant Phadke and Others ...

Respondents Ms. Jaya Domal a/w Prashant Bothre i/b Pan India Legal Services LLP for the Applicants.

Mr. Kailas Dewal i/b Jayesh Joshi, for Respondent Nos. 1 and 2. Mr. A. S. Rao, for Respondent No. 13.

CORAM : V. G. BISHT, J.

DATE : 5th January, 2022.

PC:

Heard.

Ms. Alle, learned Counsel for the applicants, submits that the learned Civil Judge, Senior Division, Kalyan on 6th February, 2012 passed an order of Temporary Injunction against the applicants/appellants herein with regards to the suit property. REKHA PRAKASH PATIL Since the valuation of Special Suit at Kalyan District Court was REKHA PRAKASH PATIL Date: 2022.01.05 17:10:14 +0530 Rekha Patil 1/3

Rs.50 Crores, the value of the Appeal was also kept at Rs.50 Crores. However, inadvertently while filling up the submission form the previous Advocates committed an error and instead of at Rs.50 crores, it was written as Rs. 50 lakhs. The amendment in the Maharashtra Civil Court (Amendment Act 2015) and pursuant to the said amendment the Hon'

ble High Court by its Circular No.Rule/P-3601/2015 has directed to transfer all pending Appeals from Order (except Appeal against Orders passed by the City Civil Court, Mumbai) at the Principal Seat and benches at Nagpur and Aurangabad to the District Courts concerned, where value of the subject matter is upto Rs.1 Crore with effect from 1st September, 2015.

The learned Counsel, therefore, prays that appropriate directions be given to the Learned Civil Judge, Senior Division, Kalyan to transfer back papers and proceedings of Appeal from Order No. 472 of 2012 in Special Suit No. 309 of 2011 to the High Court at Bombay.

Mr. Dewal, learned Counsel for respondent Nos. 1 and 2, does Rekha Patil 2/3

not dispute the submissions so advanced by learned Counsel for the applicants and rather submits that the value of the suit property is more than Rs. 50 crores.

In the light of above submissions, the application in terms of prayer clause (a) is allowed. Learned Trial Court be informed accordingly.

Interim Application stands disposed of accordingly. (V. G. BISHT, J.) Rekha Patil 3/3