Bombay High Court
Appaya Padadaya Guru Mahadevayya vs Lakhamgowda Basavanprabhu Sardesai on 13 November, 1922
Equivalent citations: (1923)25BOMLR77, AIR 1923 BOMBAY 176
JUDGMENT Norman Macleod, Kt., C.J.
1. We think that considering the judgment of their Lordships of the Privy Council in Manilal v. Banubai granting special leave to appeal after a certificate had been refused by this Court 23 Bom. L. R. 374 we must grant a certificate in this case. The order made therein involved a question respecting the compound and the well which has now been found by the lower Court to be worth more than Rs. 5,000, and, therefore, that must be the value to be taken when applying the provisions of Section 110, Civil procedure Code, although the value of the appellant's interest appears to be very much less, We think the rule must be made absolute and a certificate must be granted on the ground that the final order involves directly or indirectly some claim or question relating to or respecting property worth over Rs. 10,000 in value. Costs will be costs in the appeal.