BANDI SREERAMULU Vs. VENTHALAL APPANNAMMANAYURALU

JUDGEMENT

(1.) The question for my consideration in this appeal is whether the District Judge is competent to hear the appeal from a decree in a suit the value of which is over Rs. 7,500 after the Andhra Pradesh Civil Courts Act I of 1966 came into force.

(2.) The appellant herein filed the suit O.S. No. 37 of 1972 against the respondent on 13-7-1972. The value of the suit was Rs. 9300/-. The suit was decreed on 3-7-1973 by the Principal Subordinate judge, Srikakulam for a sum of Rs. 8000/- He disallowed interest and costs. Therefore, the plaintiff preferred the appeal A.S. No. 198/73 in the Court of the Dist. Judge, Srikakulam on 7-12-1974. The appeal was allowed. Thereupon the plaintiff filed an application for execution of the decree in the court of the Subordinate Judge, Srikakulam. The judgment-debtor, the respondent herein, filed a counter stating that the decree passed by the Addition a District and Sessions Judge was void and inoperative, since be had no jurisdiction to hear the appeal. It was submitted that the suit against which the appeal was filed was instituted before 1-11-1972, and its value was more than Rs. 7,500/- and against the decree in such a suit an appeal lies only to the High Court. Therefore, it was contended that the decree-holder could not execute the appellate decree since it was a nullity but that he could execute only the decree in the suit, in O.S. No. 37 of 1972.

(3.) The learned Subordinate Judge held that the appellate decree in AS. No. 198/73 was a nullity and cannot be executed. Therefore he dismissed the execution petition. Questioning that order, the decree-holder has filed this appeal.