ash 1 caf-5463.05 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.5463 OF 2005 IN FIRST APPEAL NO.2146 of 2005 Shri Chintamani Arun Kodolikar. .. Applicant Vs Smt. Mangala Vasant @ Yashvant Kodolikar & Ors. .. Respondents ­­ Shri M.R. Katikar for the Applicant. Shri Anilkumar Patil for Respondents. ­­ CORAM ; A.S. OKA, J DATED : 9TH JUNE, 2011 P.C. . When this Civil Application was placed on board, the learned Counsel appearing for the Respondent Nos. 1 to 7 ( Original Plaintiffs ) pointed out that the valuation of the original suit for the purpose of Court fees and jurisdiction has been made at Rs.1,66,400/­ and therefore, in view of the provisions of Section 26 of the Bombay Civil Courts Act, 1869 as amended by the Maharashtra Act No.3 of 1999, the forum of the Appeal will be the District Court. 2. The learned counsel appearing for the Applicant pointed out that the Appeal has been valued for the purpose of Court fees and jurisdiction at Rs.2,40,600/­. ash 2 caf-5463.05 3. As per Section 26 of the said Act of 1869, in case of the suits, the value of subject matter of which is upto Rs.2 lakhs, an Appeal against the decree will lie to the District Court. Perusal of the certified copy of the decree shows that according to the case of the Plaintiffs/Respondents, the value of immovable property subject matter of the suit is Rs.2,40,000/­. However, it is stated that the Respondents are claiming only 15/24th share in the suit property and, therefore, the suit has been valued, both for Court fees as well as jurisdiction, at Rs. 1,66,400/­. The suit has been filed after coming into force of the Maharashtra Act No.3 of 1999 and, therefore, the forum of appeal will be as per Section 26 of the said Act of 1869 as amended by the Maharashtra Act No.3 of 1999. Hence, the Appeal is maintainable in an appropriate District Court. As the Appellant erroneously valued the claim for Court fees and jurisdiction at Rs.2,40,600/­, the Appeal was registered and entertained. However, the forum of Appeal will have to be determined as per the averments made in the Plaint. 4. Hence, the First Appeal is hereby transferred to the District Court at Sangli. As the Appeal was admitted by this Court, the Appeal is transferred for final hearing along with all the pending Civil Applications. ( A.S. OKA, J )