C.A.No.6114 of 2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.6114 OF 2011 IN FIRST APPEAL ST.NO.9893 OF 2011 Ganpat s/o Ramchandra Dhekane and ors. ..Applicants Versus Subhash s/o Chima Dhekane and ors. ..Respondents Mr L.V.Sangit, Advocate for applicants Mr I.S.Thorat, Advocate for respondents 1 to 3 CORAM : MRS MRIDULA BHATKAR, J. DATE : 13th October 2011 PER COURT 1. Application is made for condonation of delay of 1618 days for filing first appeal. Appellants have filed Special Civil Suit No.89 of 2003 in the Court of Civil Judge, Senior Division Sangamner for possession and mesne profit. The property was valued at Rs. 2,75,000/-. However the appellants/original plaintiffs have filed suit and claimed the property falling in their share and valued at Rs. 1,69,980/-. Suit was partly decreed. Against that appellants preferred appeal before the Additional District Judge, Sangamner believing bona fide that appeal is maintainable before the Additional District Judge, as the amount is below Rs.2 lacs. However, it was pending in the Court of Additional District Judge, Sangamner. Even, the notice was issued in the appeal to the other side. However, when the appeal came up for hearing it was found that the valuation of the suit exceed more than Rs. 2 lacs and the said Court had no C.A.No.6114 of 2011 2 jurisdiction to decide the appeal. So, on 29.2.2011 appeal memo was returned to the appellants for filing it in the High Court. Pursuant to that appeal is filed on 7.2.2011 in the High Court. 2. Learned Counsel for the respondents raised objections that the delay for filing the first appeal was 1618 days. Learned Counsel points out that the appeal was filed before wrong forum and so, this cannot be computed for the purpose of limitation. Learned Counsel for the respondents filed reply opposing this application and it is mentioned that the suit ought to have been valued for Rs.2,70,000/- and it is deliberate and apparent mistake on the part of the appellants. 3. Considering the claim of the plaintiffs and the value of the suit property, it appears that the suit was filed on the bona fide belief that the valuation of the property was below Rs.2 lacs and so, the first appellate Court had an appellate jurisdiction. That period cannot be computed and hence, the appeal is to be treated filed within limitation and the delay as such, which is calculated by the office is condoned. Civil Application allowed accordingly. ( MRS MRIDULA BHATKAR, J. ) (vvr/6114.11ca)