JUDGMENT :

RAVI NATH TILHARI, J :

This appeal has been filed by the defendant in OS No.43 of 2021 on the file of I Additional Senior Civil Judge’s Court, Vijayawada challenging the decree dated 06.02.2024.

2. The office has raised objection that since OS No.43 of 2021 was from the I Additional Senior Civil Judge’s Court, Vijayawada and the valuation of the suit was below Rs.50 lakhs (i.e., Rs.43,50,000/-). So, the appeal should have been filed before the Court of learned District Judge, Krishna District.

3. The appellant raised objection to the office report. The objection and the argument of learned Counsel for the appellant is that the suit has been decreed also for the interest @ 12% per annum from the date of suit i.e., 09.02.2021 till the date of decree i.e., 06.02.2024 and further @ 6% per annum from the date of decree till the date of realisation on the principal sum of Rs.30 lakhs and so calculated the valuation of the appeal comes to Rs.54,62,000/-, which being above Rs.50 lakhs. So the appeal would lie to the High Court.

4. Pursuant to the order dated 07.05.2025 on the aforesaid aspect, the office has submitted the report.

5. We have perused the report.

6. As per the office report, the valuation of the appeal is Rs.54,62,000/-, referring to Rule 49 (Explanation 3) of Andhra Pradesh Court Fees and Suits Valuation Act, 1956.

7. We have considered the office objection and the submission of learned Counsel for the appellant on such objection.

8. The question is whether the appeal shall lie to the Court of District Judge or to the High Court under Section 96 CPC? In other words the valuation of the appeal or the valuation of the suit should govern the issue.

9. Admittedly, the valuation of the suit is valued by the plaintiff was less than Rs.50 lakhs. The valuation of the present appeal is more than Rs.50 lakhs, which includes the interest awarded by the Court from the date of institution of the suit till its realisation, in two parts i.e., till the date of decree @ 12% and from the date of decree till its realisation @ 6%.

10. Section 17 of the Andhra Pradesh Civil Courts Act, 1972 reads as under :

“17. Appeals from the decrees and orders of Courts in the District.-(1) An appeal shall, when it is allowed by law, lie from any decree or order in a civil suit or proceeding :

(i) of the District Court, to the High Court;

(ii) of the Court of Senior Civil Judge,

(a) to the District Court, when the amount or value of the subject-matter of the suit or proceeding is [not more than Rupees Fifty lakhs,

(b) to the High Court; in other cases; and

(iii) of the Court of Junior Civil Judge, to the District Court.

(2) The District Judge may, subject to the order of the High Court transfer for disposal any appeal from the decree or order of a Court of Junior Civil Judge preferred in the District Court, to any Court of Senior Civil Judge within the district.

(3) Where a Court of Senior Civil Judge is established in any district at a place remote from the seat of the District Court, the High Court, may, with the previous sanction of the Government, direct that an appeal from the decree or order of any Court of Junior Civil Judge within the local limits of the jurisdiction of such Court of Senior Civil Judge shall be preferred in the said Court of Senior Civil Judge.

Provided that the District Judge may, from time to time, transfer to his down Court, any appeal so preferred, and dispose it of himself.”

11. As per Section 17 (1)(ii)(a), the appeal, when it is allowed by law, shall lie from any decree or order in a civil suit or proceeding of the Court of Senior Civil Judge to the District Court, when the amount or value of the subject-matter of the suit or proceeding is not more than rupees fifty lakhs and in other cases to the High Court. We are of the view that the present case falls within clause (a), as there is no dispute that the amount or value of the suit is Rs.43,50,000/- i.e., is less than Rs.50 lakhs.

12. Section 49 of the Andhra Pradesh Court