1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8135 OF 2009 Nilesh Vijay Bhosale .. Petitioner versus Sanjay M. Rawal .. Respondent Mr.P.V.Dube for the petitioner. CORAM : A.S.OKA, J. DATE : 24th September 2009. P.C.: . Heard learned counsel appearing for the petitioner. The petitioner filed a civil suit which was dismissed by the trial Court by order dated 23rd November 2006. There was a counter claim filed by the respondent which has been decreed. The valuation of the suit for the purposes of jurisdiction was made at Rs.1,95,000/- and the valuation of the counter claim was made at Rs.2,14,000/-. An appeal was preferred by the petitioner for challenging the order dismissing his suit. The appeal was preferred alongwith an application for condonation of delay. By the impugned order dated 30th June 2009, the learned District Judge has declined to register the civil appeal as well as the application for condonation of delay on the ground that the valuation of the counter claim was Rs.2,14,000/- and therefore the appeal will not be maintainable before the District Court. 2 2. The learned counsel appearing for the petitioner invited my attention to the memorandum of appeal which shows that the challenge in the appeal is only to the order dismissing the suit filed by the petitioner and the petitioner is not challenging the decree passed on counter claim. The learned counsel appearing for the petitioner states that the appeal is confined to the order of dismissal of the suit and the petitioner has not challenged the decree passed on the counter claim filed by the respondent. 3. As the petitioner has not challenged the decree passed in the counter claim, the forum of appeal has to be determined on the basis of valuation made in the suit and not in the counter claim. This crucial aspect has been completely ignored by the learned District Judge. Therefore, the appeal preferred by the petitioner was maintainable before the District Court. 4. Hence, the impugned order dated 30th June 2009 is quashed and set aside. The District Court is directed to register the application for condonation of delay filed by the petitioner. (A.S.OKA,J)