(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) All these appeals are filed by the State Government calling in question the legality of the judgment and decree dated 31.8.2008 passed in Special Civil Suit No. 99 of 1972 to Special Civil Suit No. 104 of 1972 by the learned Principal Senior Civil Judge, Rajkot.
Previously when these appeals were placed for hearing before us, we had some doubt about the valuation of the appeals so as to permit the State Government to prefer such appeals before the High Court.
In response to query raised by us, learned Counsel Shri Vimal Patel for the respective respondents- judgment creditor stated that the plaintiffs had in the respective suits filed a purshis that pursuant to preliminary decree passed by the Court, plaintiffs be paid the amounts ranging from Rs.4,06,000.00 to Rs.4,88,000.00 with interest.
From the material made available to us by the learned advocates appearing for the parties, we notice that in none of the suits, the valuation exceeded Rs.5,00,000.00. That being the position, in our view, the appeals against the impugned judgment and decrees were maintainable before the District Court as per the revised jurisdiction of the said Court. Learned advocates for both sides agree to this position.
In that view of the matter, the Registry shall return all the appeals along with respective civil applications to the appellants for being presented before the competent court.
All appeals along with the connected proceedings stand accordingly disposed of from this Court.
R&P be also transmitted to the trial court.
(Akil Kureshi,J.) (C.L.Soni,J.) (raghu) Top