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1999 Supreme(Bom) 904

R.M.S.KHANDEPARKAR
Vishwanath Raghuvir Sinai Edo – Appellant
Versus
Ashok Dattatray Dande and others – Respondent


JUDGMENT - R.M.S. KHANDEPARKAR, J.:---Common question of law arises in both these revision applications and therefore, they were heard together and are being disposed of by this common judgment.

2.Both the revision applications arise from the order dated 16th February 1999 passed in Regular Civil Appeal No. 54 of 1998 and Regular Civil Appeal No. 55 of 1998 by the Additional District Judge at Panaji. By the impugned order, the lower Appellate Court has held that the appeal against the unamended as well as amended decree in Special Civil Suit No. 382 of 1979-A passed by the Civil Judge, Senior Division, Panaji would lie before the District Court considering the valuation of the suit.

3.The contention of the petitioner is that the suit was initially valued at Rs. 10,810/-. However, the value of the decree ultimately granted by the trial Court exceeded the quantum of Rs. 1,00,000/-. There is no dispute that in case the value of the suit is Rs. 1,00,000/- or above, then the appeal against the decree of the Trial Court in such suit would lie to the High Court whereas in case of suit valued at less than Rs. 1,00,000/-, the appeal against the decree passed therein would lie to the District















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