The main legal point established in the judgment is the vested right of appeal and the requirement for express provisions for the transfer of proceedings to a new forum, as per the Gujarat Civil Courts Act, 2005, Section 30(3).

JUDGMENT :

Dr. A.P. Thaker, J.

1. Heard Mr. Dev Patel, learned Advocate for Mr. Mehul Sharad Shah, learned Advocate for the Appellants and Mr. Uday Bhatt, learned Advocate for respondent No. 1 and Mr. Kirit Patel, learned Advocate for respondent No. 2 through Video-conferencing on the point of maintainability of the Appeal and for transferring the same to the District Court, Mehsana.

2. The contention raised by the learned Advocate for the Appellants is that this Appeal has been filed in the year 1996 against the order of the learned Civil Judge (Senior Division) Mehsaha in Execution Petition being CMA No. 42 of 1993 dated 30.12.1995. According to learned Advocate for the Appellants, the Bombay Civil Courts Act, 1869 has been Amended and The Gujarat Civil Courts Act, 2005 has come into existence and by virtue of Section 30(3), the pending Appeal is required to be transferred to the concerned Appellate Court i.e. District Court, Mehsaha as by Virtue of enhancement of the Jurisdiction of the Court of District Judge, where the amount of the value of the subject matter is less than Rs. 5 Lakhs. It is also contended that in the impugned order the valuation of the matter is admittedly less than Rs. 5 Lakh and therefore, this Appeal is required to be transferred to the learned District Judge, Mehsana. According to him, such Appeals have already been transferred in past but somehow this Appeal has not been transferred.

2.1. While referring to the recent CAV Judgment dated 21.09.2020 passed in First Appeal No. 5 of 2013, it is contended that the said Appeal Was relating to the Amendment carried out in the Gujarat Civil Courts Act, 2005 (hereinafter referred to as 'the Act'), whereby the Jurisdiction of the Civil Courts and that of the Appellate Courts have been enhanced but there is riot corresponding Amendment carried but in the remaining Clause and, therefore, in the FA No. 5 of 2013, it was held that at the time of Amendment of such Section made by virtue of Amendment 2014, the Appeals pending before the High Court was to be continued in this High Court. It is submitted by the learned Advocate for the Appellants that there is clear distinction as when the main Act i.e. the Gujarat Civil Courts Act, 2005 was passed, there was specific provision in Sub-Section 3 of Section 30 to transfer the pending Appeals to the concerned District Courts and accordingly, the Judgment rendered in FA No. 5 of 2013 is not applicable to the facts of the present case.

3. Learned Advocates for the respondents have mainly contended that since this Appeal has been pending in this High Court since 1996, instead of transferring the Appeal to the District Court, this Court may decide the same in accordance with the Law.

4. Admittedly, the present Appeal has been filed against the order passed by the concerned Civil Judge (Senior Division) Mehsana in CMA No. 42 of 1993 which was Execution Petition and the order passed by the learned Civil Judge (Senior Division) is Appealable It is also not in dispute that the valuation of the matter is less than Rs. 5 Lakhs at the time of filing of the present Appeal. It is also admitted fact that pending this Appeal, the Bombay Civil Courts Act, 1869 has been repealed by virtue of Section 30 of the Gujarat Civil Courts Act, 2005. The provisions relating to the Appeals in the original Act is as follows:-

"Appeals.- (1) Appeal from the decrees and others passed by a Court of District Judge in original Suits and Proceedings of Civil Nature shall, when such Appeals are allowed by Law, lie to the High Court.

(2) Appeals from the decrees and others passed by a Court of Senior Civil Judge in original Suits and Proceedings of Civil Nature shall, when such Appeals are allowed by Law, lie-

(a) to the Court of the District Judge of the District when the amount of value of the subject matter of the original Suit or Proceedings is less than five lakhs of rupees [or such other sum as the High Court may, by Notification, from time to time specify];