{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO. 18 OF 2010 Arefabee w/o Yusuf Sk.Unus APPELLANT VERSUS The State of Maharashtra & others RESPONDENTS ....... Mr. S.B.Ghatol Patil, Advocate for appellant Mr. N.N.Jadhav AGP for respondents No.1 to 4 Mr. B.R.Sontakke, Advocate for respondent No.5 ....... [CORAM : A.V.POTDAR, J.] DATE: 9th April 2010 PER COURT: 1. Heard respective counsel for the parties. Learned counsel for respondent No.5 has drawn my attention towards the valuation clause of the plaint filed by the appellant before the lower court. 2. Contents of paragraph No.5 of the plaint, filed by the appellant before the lower court, indicate that the suit is valued for the jurisdiction and for the purpose of court fees at Rs.7380/-. If it is so, the challenge to the order passed below Exhibit-5 in the said {2} suit would lie before the District Court and not before this Court. 3. When the jurisdiction of the Civil Judge, Junior Division is enhanced at the same time, jurisdiction of the District Court was also enhanced. If the value of the suit is up to Rs.2 lacs or below it, then the appeal against those suits would lie before the District Court and hence appeals challenging interim orders passed in the said proceedings to be challenged under Order 43 of the Civil Procedure Code, however before the District Court. In view of this objection raised, the memo of appeal from order to be returned to the appellant for its presentation before the District Court. 4. Office to return the Memo of Appeal from order along with civil application to the appellant for its presentation before the District Court, Jalna. Appellant to present the Memo of Appeal from order before appropriate court within a period of 3 weeks thereafter. The interim protection granted on 11.02.2010, to remain in force till the appeal is presented before the District Court, Jalna. Parties to act on the authenticated copy of this order. Appeal From Order No.18/2010 stands disposed of accordingly. [A.V.POTDAR, J.] drp/B10/ao18-10 {3} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.1864 OF 2010 IN APPEAL FROM ORDER NO. 18 OF 2010 Arefabee w/o Yusuf Sk.Unus APPELLANT VERSUS The State of Maharashtra & others RESPONDENTS ....... Mr. S.B.Ghatol Patil, Advocate for appellant Mr. N.N.Jadhav AGP for respondent State Mr. B.R.Sontakke, Advocate for respondent No.5 ....... [CORAM : A.V.POTDAR, J.] DATE: 9th April 2010 PER COURT: 1. As the Memo of Appeal from order No.18/2010 is returned to the applicant for its presentation before the District Court, Jalna, now the present civil application does not survive and hence, stands disposed of accordingly. [A.V.POTDAR, J.] drp/B10/ao18-10