High Court of Gujarat

CHHAGANBHAI NATHABHAI HIRPARA (DELETED)versusASHWINBHAI GHELABHAI RADADIYA

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: C DOSHI

Holding

The appeal is not maintainable before the High Court and must be filed before the District Court.

Summary

The appellants filed a first appeal before the Gujarat High Court challenging a civil judgment, but the suit value was only Rs.1,310. The Court, relying on the precedent set in Maliben Kamabhal Harijan v. Jagjivan Nanji (2023 SCC Online Guj 171), held that appeals involving such low-valued suits are not maintainable before the High Court and must be filed in the appropriate District Court. The appellants sought liberty to withdraw the appeal and re‑file it before the District Court. The Court granted the request, ordered the appeal and the accompanying civil application for stay to be dismissed as withdrawn, and directed the return of the certified copy of the impugned judgment. It also ordered any court fee paid to be refunded and directed that, should there be any delay in filing the new appeal, the benefit of Section 14 of the Limitation Act be granted. The order was signed by Justice J.C. Doshi.

Issues considered

Whether an appeal concerning a suit valued at Rs.1,310 is maintainable before the Gujarat High Court

Legislation cited

Limitation Acts. 14

Subjects

appeal jurisdictioncourt feedistrict courtwithdrawal of appeallimitation periodprecedent

Judgment

         C/FA/2899/2026                                                           ORDER DATED: 09/07/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/FIRST APPEAL NO. 2899 of 2026
                                         With
                     CIVIL APPLICATION (FOR STAY) NO. 1 of 2026
                          In R/FIRST APPEAL NO. 2899 of 2026
==========================================================
            CHHAGANBHAI NATHABHAI HIRPARA (DELETED) & ORS.
                               Versus
                   ASHWINBHAI GHELABHAI RADADIYA
==========================================================
Appearance:
MR KIRTIDEV R DAVE(3267) for the Appellant(s) No. 1,2,3,4
MR RAHUL K DAVE(3978) for the Appellant(s) No. 1,2,3,4
==========================================================
  CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                              Date : 09/07/2026

                                                      ORDER


                    In view of judgment passed by Division Bench of this
Court in Maliben Kamabhal Harijan v/s. Jagjivan Nanji dead
by L.Rs. and others [2023 SCC Online Guj 171] and since
court fee in suit is valued at Rs.1310/-, the appeal is
maintainable before the District Court.
                    Learned advocate for the appellants request to
withdraw this appeal with liberty to file appeal before the District
Court concerned. The request is accepted. Liberty as sought for
is granted. The appeal as well as Civil Application stand disposed
of as withdrawn. Registry is directed to return certified copy of
the impugned judgment to the appellant by replacing photocopy
of the same. Court fee, if any, shall be refunded to appellant. In
case, if any delay occurs in filing first appeal before the District
Court concerned, benefit of section 14 of the Limitation Act shall
be granted to appellant.

                                                                                            (J. C. DOSHI,J)
SATISH


 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: SATISH CHANDRAMOHAN VEMULLA(HC00206), Principal Pvt Secretary, at High Court of Gujarat on 09/07/2026 16:22:10


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