Manish Kantilal Kapadia v. Dilip Kantilal Kapadia And ORS
20-wp-11864-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11864 OF 2025 Manish Kantilal Kapadia ...
Petitioner V/s.
Dilip Kantilal Kapadia and Ors.
...
Respondents ------------------- Ms. Prachi Dhanani i/by RJD and Partners, for the petitioner. --------------------
CORAM
:
N.J. JAMADAR, J.
DATE :
16th SEPTEMBER 2025 PC:
1.
Heard the learned counsel for the petitioner. 2.
The challenge in this petition is to an order dated 10th June 2025 Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2025.09.18 12:19:57 +0530 passed by the learned Principal Judge, City Civil Court whereby an VARSHA DEEPAK GAIKWAD application preferred by the petitioner to transfer the suit to the High Court on its original side, as the suit claim exceeds the pecuniary jurisdiction of the City Civil Court, came to be rejected. 3.
The learned counsel for the petitioner invited attention of the Court to the averments in Para 16 of the plaint, wherein the net value of the estate of the deceased, for the administration of which the suit was initially filed before the High Court, is shown as Rs. 26,65,89,867.11/- 4.
In view of the enhancement in the pecuniary jurisdiction of the varsha
20-wp-11864-2025.doc City Civil Court the suit came to be transferred to the City Civil Court. 5.
From the perusal of the impugned order, it appears that the petitioner/plaintiff was not heard before the order came to be passed. Without delving into the merits of the matter since it appears that the petitioner was not heard before passing the impugned order, this Court considers it expedient in the interest of justice to restore the Transfer Application No. 140 of 2025 to the file of learned Principal Judge, City Civil Court for a fresh determination.
6.
The petition, thus, stands allowed.
7.
The impugned order dated 10th June 2025 in Transfer Application No. 140 of 2025 stands quashed and set aside. 8.
Transfer Application No. 140 of 2025 stands restored to the file of the learned Principal Judge, City Civil Court for a fresh determination.
9.
The parties shall appear before the learned Principal Judge, City Civil Court on 29th September 2025.
10.
The learned Principal Judge is requested to hear and decide the application on its own merits and in accordance with law. 11.
The petition disposed.
(N.J. JAMADAR, J) varsha