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2015 Supreme(Bom) 1867

MRIDULA BHATKAR
Jayant Bhimsen Joshi – Appellant
Versus
Raghavendra Bhimsen Joshi – Respondent


Advocates Appeared:
For the Appellant : Mr.Rajendra V. Pai a/w A.R. Pai a/w Ms.N.N. Thakkar i/b Mrs.Bina R. Pai
For the Respondent: Mr.G.S. Godbole a/w Sheetal Patil i/b S.S. Panchpor.

ORDER:

1. This Appeal from Order is directed against the order dated 27.9.2013 passed by the 5th Joint Civil Judge, Senior Division, Pune granting ad-interim injunction against defendant Nos.1 to 4. The defendants have filed this appeal against the said order. However, pursuant to the amendment in Maharashtra Civil Courts Act, in 2015, which came into effect from 1.9.2015, the pecuniary jurisdiction of the District Court to entertain an appeal under section 28(A) of the Maharashtra Civil Courts Act is increased upto Rs.1 crore, inter alia, an oral application is made to transfer this appeal to the District Court. This oral application is opposed vehemently by the appellants on the ground that the appeal is valued exceeding Rs.1 crore and, therefore, it cannot be transferred. The plaintiff, a son of the first wife of late Bharatratna Bhimsen Joshi, has filed the suit for declaration, partition and injunction, against his real and step brothers and sisters claiming 1/7th share in the property valued to Rs.49 lakhs and accordingly, the Court fee was paid on the said valuation. A will dated 22.9.2008 executed by late Bharatratna Bhimsen Joshi is challenged alongwith the sale deeds and t



















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