Mr. Ram Jayram Patil And Others v. Zhubeda Noorbhai Lokhandwala Mulla And Others

k 1/2 902 ao 356.24 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.356 OF 2024 WITH INTERIM APPLICATION (STAMP) NO.12746 OF 2024 IN APPEAL FROM ORDER NO.356 OF 2024 Ram Jayram Patil & Ors.

....Applicants/Appellants V/S Zhubeda Noorbhai Lokhandwala Mulla & Ors.

....Respondents ________ Mr. Sandeep Mishra i/b Mr. Swatesh Tripathi for the Appellants/Applicants.

Ms. Sushma T. Mishra (through video conferencing) for Respondent Nos.7 to 11.

Mr. M.A. Khan with Ms. Deepti Mehta for Respondent Nos.12 and 13.

Mr. R.S. Datar for Respondent No.14.

__________ CORAM: SANDEEP V. MARNE, J.

DATE : 20 FEBRUARY 2025.

P.C.:

It appears that the valuation of Special Civil Suit No.118 of 2024 is indicated in paragraph 47 of the plaint at Rs.5,50,000/- and therefore the Appeal against the impugned order would lie before District Court. The present Appeal from Order is thus not maintainable and the same is disposed of with liberty to the Appellants to file an Appeal before the District Court. katkam Page No.

1 of

k 2/2 902 ao 356.24 as.doc The above observation about valuation shall not come in the way of the defence raised by the Defendants about the suit being undervalued.

The time spent in prosecuting the present Appeal would be considered while deciding the issue of condonation of delay in filing an Appeal before the District Court.

(SANDEEP V. MARNE, J.) by SUDARSHAN RAJALINGAM KATKAM Date:

2025.02.24 14:07:56 +0530 SUDARSHAN RAJALINGAM KATKAM katkam Page No.

2 of