Gujarat High Court
Jadeja Raghuvitsinh Dajirajsinh @ ... vs Heirs Of Magnalal Mohanbhai Mavani ... on 4 January, 2016
Author: R.D.Kothari
Bench: R.D.Kothari
C/AO/12/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL FROM ORDER NO. 12 of 2015
With
CIVIL APPLICATION NO. 464 of 2015
In
APPEAL FROM ORDER NO. 12 of 2015
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JADEJA RAGHUVITSINH DAJIRAJSINH @ JADEJA RAGHUBHA
DAJIBHA....Appellant(s)
Versus
HEIRS OF MAGNALAL MOHANBHAI MAVANI -RAMNIKLAL MAGANLAL
MAVANI & 1....Respondent(s)
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Appearance:
MR PRATIK Y JASANI, ADVOCATE for the Appellant(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE R.D.KOTHARI
Date : 04/01/2016
ORAL ORDER
1. Office has filed a note stating that;
"In this connection, it is respectfully submitted that a Notification No.C.0202/92 dated 14.10.2014 (Flag A) passed by the Hon'ble High Court of Gujarat regarding exercise of powers conferred by Article 225 of the Constitution of India and Sections 14, 14A and 15(2)(a) of Gujarat Civil Courts Act-225, with effect from November 01, 2014.
3. Power to invest Senior Civil Judges with jurisdiction under certain Acts. Every order made by a Senior Civil Judge by virtue of the powers conferred upon him under sub-section (1) shall be subject to an Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue Jan 05 00:55:39 IST 2016 C/AO/12/2015 ORDER appeal to the High Court where the amount or value of the subject matter exceeds rupees ten lakhs or to the Court of District Judge where the amount or value of the subject matter does not exceed rupees ten lakhs. (See Section 24(2) of the Gujarat Civil Courts Ac,2005) The aforesaid matter has arisen against the Order of learned Principal Senior Civil Judge, Dhoraji and the claim for jurisdiction is Rs.6,61,000/-."
2. Heard learned advocate for the appellant.
3. In view of above notification referred in the office note and in view of the fact that claim for the purpose of jurisdiction in the present case is Rs.6,61,000/-, proper forum would the concerned District Court. Hence, appeal memo be returned to the learned advocate for the appellant to enable him to file the same before the concerned District Court.
4. Present Appeal from Order stands disposed of accordingly.
5. In view of disposal of main Appeal from Order, civil application also stands disposed of accordingly.
6. Office note also stands disposed of accordingly.
(R.D.KOTHARI, J.) vipul Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue Jan 05 00:55:39 IST 2016