Dharmesh Navalbhai Patel vs Navalbhai Alias Navinbhai Jayrambhai ... on 25 April, 2019

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Gujarat High Court

Dharmesh Navalbhai Patel vs Navalbhai Alias Navinbhai Jayrambhai ... on 25 April, 2019

Bench: G.R.Udhwani

           C/FA/9978/2019                                        ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                    F/FIRST APPEAL NO. 9978 of 2019
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                   In F/FIRST APPEAL NO. 9978 of 2019
================================================================
                   DHARMESH NAVALBHAI PATEL
                               Versus
            NAVALBHAI ALIAS NAVINBHAI JAYRAMBHAI PATEL
================================================================
Appearance:
MR. PANAM C SONI(7035) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3,4,5
===============================================================
 CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
                    Date : 25/04/2019
                      ORAL ORDER

In the note, the issue has been raised by the registry regarding jurisdiction of this Court to entertain an appeal against the judgement and decree in a suit which was valued below Rs. 10,00,000/( Rupees Ten Lacs Only) in which case, the appellate jurisdiction vests with the concerned District Court. Learned Counsel for the appellant concedes to the legal position pointed out by the registry and thus the case is made out for return of the plaint which expression will include appeal memo as well, under Order 7 Rule 10 of Code of Civil Procedure, 1908 ( for short 'C.P.C'); to be presented with the competent court on 09.05.2019 by and/ or on behalf of the appellant named in the cause title of this appeal as such. Accordingly the appeal memo along with original documents if any, shall be returned to the learned counsel for the appellants for being presented to the appropriate court as indicated hereinabove. The court fees if refundable, shall be refunded to the appellants in accordance with law.

For the record of this court, photo true copies of papers returned shall be substituted.

(G.R.UDHWANI, J) niru* Page 1 of 1 Downloaded on : Tue Jun 25 02:03:19 IST 2019

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