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