Ext.P6 order is under challenge whereby the court below has observed as follows:
“Considering the contentions of the parties, I consider that the prayer of the appellant to stay the operation of the judgment in O.S.50/10 of the Sub Court, Kochi cannot be allowed. The question regarding the pecuniary jurisdiction of the court to entertain the appeal and other matters are to be considered in detail after receipt of the lower court records.”
2. Learned counsel for the petitioners points out that the suit is of the year 2010 and the valuation shown is Rs.12,42,000/-, In which case, the appeal lies to the High Court and not to the District Court. When this issue was raised, the impugned order was passed.
O.P.(C)2128/2014.
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3. One need not look into the records in order to ascertain the valuation of the suit as the decree produced along with the appeal will indicate the valuation of the suit. In the light of the fact that the suit valuation is above Rs.12,00,000/- and the suit is of the year 2010 which is prior to the amendment concerned, the question whether the appeal is maintainable before the District Court has to be considered first, for which the records are not necessary.
The court below shall consider the question regarding the maintainability of the appeal within a period of two weeks from the date of receipt of a copy of this judgment.
The Original Petition is disposed of as above.
P. BHAVADASAN, JUDGE sb.