SHAILAJA MAHADEO WADKE Vs. SUMATIBAI VISHNUPANTH PARANGE

JUDGEMENT

(1.) SUBMISSIONS of the learned Counsel appearing for the parties were heard on 31st January 2007 and the judgment was reserved. The question which arises for determination in this First Appeal is as regards the forum of this Appeal.

(2.) IT will be necessary to briefly refer to the facts of the case for the purpose of appreciating the submissions made by the learned Counsel appearing for the parties. In a suit filed by the Appellants, the Appellate Court passed a decree for partition and separate possession. The decree was to the effect that the Appellants/Plaintiffs are having 9/10th share in the suit property. By the decree a direction was issued for appointment of the Commissioner for effecting partition by metes and bounds. A direction was also issued for the appointment of recognized valuer in execution proceedings for the purpose of valuation of the property. The decree passed by the Appellate Court was confirmed by this Court and a Special Leave Petition filed in the Apex Court has been dismissed.

(3.) WHEN the Appeal came up for admission before this Court, a question arose whether the forum of Appeal will have to be decided on the basis of the valuation made for jurisdiction of the original suit in which decree for partition was passed or on the basis of the valuation made of the share of the Plaintiffs. It is not in dispute that if forum of appeal is determined on the basis of the valuation made for jurisdiction of the original suit in which the decree for partition is passed, the forum of appeal will be the appropriate District Court as the valuation of the suit for jurisdiction is less than Rs.2 lakhs.