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FA/1842/1982 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1842 of 1982
=========================================================
PATEL
PARSHOTAM NANJI, BHUVA. - Appellant(s)
Versus
GHELABHAI
MADHVBHAI SORATHIA. - Defendant(s)
=========================================================
Appearance
:
MR
RR TRIVEDI for
Appellant(s) : 1,
None for Defendant(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 04/10/2007
ORAL
ORDER
:
1. The
appellant has filed the present Appeal under Section 96 of the Civil
Procedure Code, 1976 against the judgment and decree passed by
learned Civil Judge (SD), Gondal on 30-4-1982 in Special Civil Suit
No. 63 of 1979.
2. It
appears from the copy of the judgment annexed with the memo of the
appeal that original plaintiff had filed the suit for specific
performance of an agreement to sell and the lower court passed the
decree for specific performance of contract to sell.
3. It
also appears from the memo of appeal that the appeal was valued at
Rs.15,000/-. In view of Section 15 (2) (a) of the Gujarat Civil
Courts Act, 2005, the appeal would lie before the concerned District
Court.
4. In
view of above, present appeal be transferred to the District Court
concerned to proceed with the matter in accordance with law.
(Bankim
N. Mehta, J.)
/JVSatwara/
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