1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR FIRST APPEAL NO.272 OF 2009. M/s Mote Developers and Builders Pvt. Ltd. ..vs.. Mrs.Shyama Satish Aisher and anr. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==- C ORAM : C.L.PANGARKAR, J. DATED : 15th October, 2009. Heard Mr.S.S.Khandekar, learned counsel for the appellant. Special Civil Suit No.307 of 1997 was decided by the Civil Judge, Nagpur vide his judgment dated 31/7/2008. In the said civil suit the defendants had filed a counter claim. While deciding the said civil suit the learned Judge of the trial court dismissed the suit filed by the plaintiff while decreed the counter claim. Only one appeal was preferred by the appellant and therefore by order dated 29/8/2009 learned counsel for the appellant was asked to make a statement before the court as to whether this appeal is preferred against the dismissal of the suit or the decree in respect of the counter claim. The learned counsel for the appellant thereafter filed a 2 pursis on 4/9/2009 stating therein that the appeal has been filed against a decree in the counter claim. The judgment passed by the trial court shows that the counter claim to the extent of 1,74,584/- has been decreed. Apparently, therefore, the appeal against such a decree, which is for less than an amount of Rs.2,00,000/-, must lie before the District Judge. In view of this, the present appeal is liable to be returned to the appellant for presentation before the District Judge. JUDGE. chute