Disposed

Shri. Raghunath Dhondiba Kate and Ors. v. Shri. Vikram Bhavanji Ruparel and Ors.

Bombay HC24 Nov 2017FA/1889/2013

Case brief

AI extract

What is this about?

In a first appeal regarding a property purchase dispute, the court accepted the respondents' view on pecuniary jurisdiction. It directed the registry to transfer the appeal to the District Court, Pune, at the earliest, and granted the respondents a three-week reprieve to press their execution petition.

What did the court decide?

Direction issued to the Registry to transfer the appeal and record to the District Court, Pune.

Shri. Raghunath Dhondiba Kate and Ors. Vs Shri… — Execution and Attachment | Bombay HC (2017)

1-fa-1889.13.doc

Shridhar Sutar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶5

FIRST APPEAL NO. 1889 OF 2013

¶6

Raghunath Dhondiba Kate and others … Appellants Versus

¶7

Vikram Bhavanji Ruparle and others … Respondents

¶8

Mr. S.M. Gorwadkar Senior Advocate i/b Sujay H. Gangal for the appellants.

¶9

Mr. P. S. Dani Senior Advocate i/b Mr. A.P. Kulkarni for respondent Nos. 1 and 2.

¶10

CORAM : NARESH H. PATIL AND R. G. KETKER, JJ.

¶11

DATE : 24^th NOVEMBER, 2017.

¶12

P. C. :

¶13

The learned Senior Counsel appearing for the appellants submits that the respondents - original plaintiffs had taken steps to execute the decree, therefore prays that the appellants be protected.

¶14

The learned Senior Counsel appearing for the respondentsoriginal plaintiffs has raised preliminary issue regarding pecuniary jurisdiction.

1 of 3

1-fa-1889.13.doc

Shridhar Sutar

The counsel further submits that the plaintiffs have contended that they agreed to purchase the suit property at the rate of Rs.20/- per sq.ft. therefore, maximum court fees to Rs. 15,000/- was deposited. The suit plot admeasures 29 R. The counsel submits that the District Courts are conferred with the power to hear appeals having pecuniary jurisdiction of Rs. 1 Crore. Therefore, this appeal is required to be transferred to the appellate court.

¶20

The learned Senior Counsel appearing for the appellants accepts this proposition and submits that the necessary directions be issued to the Registry to transfer this appeal along with the original record and proceedings to the District Court, Pune.

¶21

The Senior Counsel appearing for the respondents on instructions submits in fairness that for a period of three weeks the respondents will not press for orders on the execution petition pending in the trial court. We accept the statement made by the learned Senior Counsel.

¶22

2 of 3

¶23

Shridhar Sutar 3 1-fa-1889.13.doc

¶24

Registry is directed to take necessary steps to transfer this appeal and the original record and proceedings to the District Court, Pune, at the earliest. Registrar Judicial be intimated

¶25

accordingly.

¶26

( R. G. KETKAR, J. ) ( NARESH H. PATIL, J. )

¶27

3 of 3

Shri. Raghunath Dhondiba Kate and Ors. v. Shri. Vikram Bhavanji Ruparel and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Raghunath Dhondiba Kate and Ors. v. Shri. Vikram Bhavanji Ruparel 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

Case details

Similar cases

Dr. Priya Vishal Naik @ Dr. Priyavanda Charuchandra Mane and Ors. Vs State of Maharashtra through Its Secretary, Ministry of Medical Education and Drugs and Ors.

Ashok Leyland Finance Vs Jagdish Purohit and Anr.

Mr. Javed S/O Janimiya Sayyad @ Shaikh and Anr. Vs Mr. Digamber S/O Shankarbhat Ambalgi and Ors.

The Indian Performing Right Society Ltd. Vs Duet India Hotels Pvt. Ltd. and Anr.

Niraj Cement Structurals Limited Vs Raghu Infra Private Limited

Niraj Cement Structurals Limited Vs Raghu Infra Private Limited