The High Court of Bombay transferred a first appeal with a claim under Rs. 10 lacs from Civil Court to District Court, Nashik, and maintained status quo for eight weeks without expressing views on merits.
First appeal transferred to District Court, Nashik; status quo maintained for eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
kvm
1/2
910-FA321.14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 321 OF 2014 IN
SPECIAL CIVIL SUIT NO. 146 OF 2000
ALONGWITH CIVIL APPLICATION NO. 920 OF 2014 IN FIRST APPEAL NO. 321 OF 2014 IN SPECIAL CIVIL SUIT NO. 146 OF 2000
Indumati Madhukar Toshniwal & Anr. ..... Appellants VERSUS
Karbhari Ambu Gaikwad & Ors. ….. Respondents
Mr.Surel Shah for the Appellant.
Mr.Atul Damle, i/b. Mr.Sachin Gite for Respondent No.1. Mr.Y.V.Divekar, i/b. Divekar & CO. for Respondent no.2.
CORAM : R.D. DHANUKA, J.
DATED : 27th AUGUST, 2014
P.C.
Learned counsel appearing for the respondents have raised preliminary objection about maintainability of this first appeal in this court in view of the fact that the claim amount before the trial court was less than Rs. 10 lacs. Mr.Shah, learned counsel appearing for the appellant concedes this position and prays that this first appeal be transferred to the District Court, Nashik. Learned counsel appearing for the respondents have no objection if this first appeal is transferred to the District Court, Nashik. Statement is accepted.
kvm
2/2
910-FA321.14
1 issue framed by the court
Whether the first appeal is maintainable when the claim amount is less than Rs. 10 lacs.
Indumati Madhukar Toshniwal & Anr.
Karbhari Ambu Gaikwad & Ors.
R.D. DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
