Civil Miscellaneous Appeal returned to District Court under Andhra Pradesh Civil Courts Act, 1972 due to suit value of Rs. 5,00,000/- being within District Court's jurisdiction limit.
Civil Miscellaneous Appeals remanded to the concerned District Court for presentation within three weeks.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
TUESDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TEN
PRESENT
THE HON'BLE SRI JUSTICE K.C. BHANU
CIVIL MISCELLANEOUS APPEAL Nos.35 & 36 OF 2010
CIVIL MISCELLANEOUS APPEAL No.35 OF 2010 Between: Mohd. Jaweed Ahmed Siddiqui ..... APPELLANT AND Smt. Bakka alias Nayanala Kistamma and others ....RESPONDENTS CIVIL MISCELLANEOUS APPEAL No.36 OF 2010 Between: Mohd. Jaweed Ahmed Siddiqui ..... APPELLANT AND Smt. Bakka alias Nayanala Kistamma and others ....RESPONDENTS
The Court made the following:
THE HON'BLE SRI JUSTICE K.C. BHANU
CIVIL MISCELLANEOUS APPEAL Nos.35 & 36 OF 2010
COMMON JUDGMENT:
These Civil Miscellaneous Appeals, under Order XLIII Rule 1 of the Code of Civil Procedure, 1908, (for short, “C.P.C.”) are filed against the order dated 23.10.2009, in I.A.Nos.2122 & 2123 of 2009 in O.S.No.1782 of 2009, on the file of the Principal Senior Civil Judge, Ranga Reddy District, L.B. Nagar, Hyderabad, whereunder and whereby, the applications filed under Order XXXIX Rules 1 and 2 read with 151 C.P.C. for temporary injunction restraining the respondents therein from changing the nature of the petition schedule property and from alienating the said property, were dismissed.
2. Heard both sides.
3. Under Section 17 of the Andhra Pradesh Civil Courts Act, 1972, appeal from the decree and Judgment in the civil suit shall lie to the District Court, when the value of the subject matter of the suit proceedings is not more than Rs.5,00,000/-, and if the subject matter of the suit proceedings exceeds Rs.5,00,000/-, the appeal shall lie to this Court. Since, the value of the present appeals are Rs.5,00,000/-, this Court is of the opinion that the appeals shall lie to the District Court. Hence, the appeals are returned to present the same before the concerned District Court within three weeks from today.
4. Accordingly, the Civil Miscellaneous Appeals are returned for
presentation in proper Court.
_______________ K.C. BHANU, J
March 30, 2010 MD
Mohd. Jaweed Ahmed Siddiqui
Smt. Bakka alias Nayanala Kistamma
K.C. Bhanu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
