KHURSHID CYRUS MEDHORA Vs. CYRUS RATANSHAW MEDHORA

JUDGEMENT

(1.) As already recorded in the order dated 28.08.2020, the appeal has been placed before this Court by virtue of the office note dated 07.08.2020 in accordance with the provisions of Rule 186 of the Gujarat High Court Rules, 1993 which provides that in case of difference of opinion between the Judges composing the Division Bench, the point of reference shall be decided in accordance with the procedure referred to in Section 98 of the Civil Procedure Code. A Division Bench of this Court on 29.05.2020 decided the reference relating to a notification dated 14.10.2014, by which, the pecuniary appellate jurisdiction of the High Court and the District Court was revised upwards. On a reference so made, one of the Hon'ble Judges of the Division Bench, (Coram: Hon'ble Mr.Justice G.R.Udhwani) considering the oral judgment in the same appeal dated 17.06.2015 (Coram: Hon'ble Mr.Justice Paresh Upadhyay), observed as under:

(2.) Hon'ble Mr. Justice V.P.Patel (as he then was), as a member of the Division Bench expressed a dissenting opinion. In the dissenting opinion so expressed, my brother Hon'ble Mr.Justice V.P.Patel (as he then was) held as under:

(3.) On 28.08.2020 when the matter was placed before this Court for rendering the opinion in accordance with the provisions of Section 98 of the Code of Civil Procedure, the learned advocates appearing for the respective parties, shortly pointed out the issue under consideration and as recorded in the order dated 28.08.2020, since it was a pure question of law, requested that they would tender a written note of arguments. The written note of arguments so received is placed on record. The Court had also requested Shri Mehul S. Shah, learned Senior Advocate to render his assistance which Shri Shah has done by a separate short note. A joint note of submissions has been filed by the learned counsel for the respective parties in addition to the short note of learned Senior Advocate Shri Mehul S. Shah.