Disposed

Shivaji Shamrao Patil (Decd.) by Heirs v. Sitabai Bharat Chavan and Ors.

Bombay HC13 Jul 2012AO/129/2002

Case brief

AI extract

What is this about?

The High Court, after learning counsel argued regarding the valuation of a special civil suit following an amendment to the Bombay Civil Courts Act, 1869, decided to transfer the pending appeal to the appropriate District Court.

What did the court decide?

The Registry is directed to transfer the Appeal and pending applications to the appropriate District Court.

Shivaji Shamrao Patil (Decd.) by Heirs Vs… — Civil Procedure and Limitation | Bombay HC (2012)

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ao-129.02

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ash

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FARAD CONTINUATION SHEET

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.129 OF 2002

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Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders.

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Shri Akshay Shinde i/by Shri A.M. Kulkarni for the Appellants. Shri J.S. Yadav i/by Shri Ajay Joshi for Respondent Nos.1 and 2. Shri K.B. Sonwalkar, AGP for the Respondent No.3

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CORAM : A.S. OKA, J DATE : 13TH JULY, 2012

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P.C.:

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. Heard learned counsel appearing for the parties.

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This Appeal from Order arises out of the order passed by the Executing Court in execution of the decree passed in Special Civil Suit No.70 of 1978. The learned counsel appearing for the first and the second Respondents has produced for perusal of the Court a certified copy of the Plaint in the original suit which shows that valuation thereof for both the purposes was made at Rs.2,22,726.34 ps. In view of the recent amendment to Section 26 of the Bombay Civil Courts Act, 1869, now this Appeal pertains to the jurisdiction of the District

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ao-129.02

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ash

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Court. Accordingly, the Registry is directed to transfer the Appeal to the appropriate District Court. Considering the fact that the Appeal is of the year 2002, the District Court shall give necessary priority to the hearing of the appeal. Pending applications shall be also transferred to the appropriate District Court.

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(A.S.OKA, J)

Shivaji Shamrao Patil (Decd.) by Heirs v. Sitabai Bharat Chavan and Ors.

Case brief

What is this about?

What did the court decide?

Shivaji Shamrao Patil (Decd.) by Heirs v. Sitabai Bharat Chavan and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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