The Osmanabad Janta Sahakari Bank Ltd. Osmanabad v. Chandrasena Pandharinath Gunale And ORS.

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.1644 OF 2020 WITH CIVIL APPLICATION NO.4684 OF 2020 IN FA/1644/2020 WITH CA/6564/2020 IN FA/1644/2020 THE OSMANABAD JANTA SAHAKARI BANK LTD. OSMANABAD

VERSUS

CHANDRASENA PANDHARINATH GUNALE AND OTHERS Mr.A.N.Irpatgire, Advocate for the appellant. Mr.J.R.Patil, Advocate for respondent No.2.

( CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, JJ) DATE : SEPTEMBER 22, 2021 PER COURT :

1.

Considering the law laid down by the learned Full Bench of this Court in Kazi Syed Saifuddin Vs. Kasturchand Abhayrajji Golchha [1999(2) Mh.L.J. 675], concluding that, "in a suit for eviction of tenant on determination of tenancy, Forum of appeal challenging the decree passed consequent on enquiry under Order 20 Rule 12(1)(c) as regards mesne profit, the valuation of the suit will determine the forum of appeal and not the quantum of mesne profit," that the learned Advocate for the appellant prays for transferring his first appeal to the khs/Sept. 2021/1644

- 2 - Court of the learned District Judge at Ahmedpur, Dist. Latur. 2.

In view of the above, the Registry of this Court is directed to transfer FA No.1644/2020 alongwith CA Nos.4684/2020 and 6564/2020 to the learned District Judge at Ahmedpur, Dist. Latur. 3.

Humdast granted on request.

( S.G. MEHARE, J. ) ( RAVINDRA V. GHUGE, J. ) khs/Sept. 2021/1644