High Court of Gujarat

GOPAL OMPRAKASH MITTAL PROP. OF N/S KHATUSHYAM CONSTRversusMAHENDRASINGH M RATHOD

Disposal: 46-ANY OTHER MODE @ FH
Bench: C DOSHI

Holding

The appeal is outside the High Court's jurisdiction and is transferred to the Principal District Judge, Sabarkantha.

Summary

The appellant, Gopal Omprakash Mittal, filed a first appeal against a money decree of less than Rs.10 lakh concerning a suit for recovery of Rs.10 lakh. The Gujarat High Court noted that a 2007 notification (C-2002/93) had expanded the jurisdiction of District Courts to entertain first appeals up to Rs.10 lakh. Consequently, the High Court concluded that it lacked jurisdiction to hear the appeal. The court ordered the appeal to be discontinued from its jurisdiction and transferred to the Principal District Judge, Sabarkantha at Himmatnagar for appropriate disposal. The interim relief granted earlier on 26 September 2011 was directed to remain in force, and the case files were to be transferred with copies retained at the High Court.

Issues considered

What is the appropriate jurisdiction for hearing a first appeal against a money decree of less than Rs.10 lakh?

Subjects

jurisdictionfirst appealmoney decreetransfer of proceedingsdistrict courtinterim relief

Judgment

           C/FA/2845/2011                                                          ORDER DATED: 15/06/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/FIRST APPEAL NO. 2845 of 2011
  ==========================================================
        GOPAL OMPRAKASH MITTAL PROP. OF N/S KHATUSHYAM CONSTR
                                        Versus
                           MAHENDRASINGH M RATHOD
  ==========================================================
  Appearance:
  MR DHARMESH V SHAH(1050) for the Appellant(s) No. 1
  MR BC DAVE(245) for the Defendant(s) No. 1
  RULE SERVED for the Defendant(s) No. 1
  ==========================================================
     CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                  Date : 15/06/2026

                                                        ORDER

            Apparently, it appears that the money decree is less than
  Rs.10 lakh. Even, the suit was filed for recovery of only Rs.10
  lakh. The Gujarat High Court, vide Notification No.C-2002/93
  dated 3rd March, 2007, enhanced jurisdiction of the District
  Court to hear the first appeal upto Rs.10 lakh.

            In view of above, present First Appeal is discontinued
  from the jurisdiction of this Court and is directed to be
  transferred               to      the        Court          of      Principal            District           Judge,
  Sabarkantha @ Himmatnagar for appropriate proceedings.

            The interim relief passed by this Court vide order dated
  26.9.2011 shall continue to operate.

            Registry is directed to transfer papers of original appeal
  proceedings along with R & P, paper book etc. to the learned
  Principal            District           Judge,           Sabarkantha                 @        Himmatnagar
  keeping photocopies of the same with it, forthwith.

                                                                                                  (J. C. DOSHI,J)
  SHEKHAR P. BARVE

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 15/06/2026 17:40:37


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