IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5724 OF 2008 Smt.Sheela Ravindra Bhoir & Anr. ...Petitioners V/s. Smt.Yashoda Sudam Patil & Ors. ...Respondents ...... Mr.G.V.Nagar Sheth for Petitioners. Mr.R.D.Suryawanshi for Respondents 1 to 4. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. FEBRUARY 17, 2009. FEBRUARY 17, 2009. FEBRUARY 17, 2009. P.C. 1. Heard Counsel for the parties. 2. Rule. Rule made returnable forthwith, by consent. Mr.Suryawanshi waives notice for Respondents 1 to 4. 3. As short question is involved, Petition is taken up for final disposal forthwith, by consent. 4. This Petition under Article 227 of the : 2 : Constitution of India takes exception to the Judgment and Order passed by the Ad-hoc District Judge-1, Palghar dated 26th June 2008 in Miscellaneous Civil Appeal No.51 of 2007. The lower Appellate Court has set-aside the order passed by the Trial Court below Exhibit 5 in Special Civil Suit No.91 of 2007. It is not necessary to burden this order with relevant facts of the case for the nature of order that I propose to pass. 5. The sole basis on which I am inclined to allow this Petition is on accepting the argument of the Petitioners that the ad-hoc District Judge had no jurisdiction to entertain the appeal in the fact situation of the present case, as the claim amount in the Suit exceeds sum of Rs.2,00,000/- (Rupees Two Lakhs). There is no dispute that the suit claim amount is exceeding Rs.2,00,000/- (Rupees Two Lakhs). If it is so, against the decision of the Civil Judge, Senior Division, Palghar, the Respondents, at best, could have carried the matter in appeal by way of Appeal from Order before this Court. : 3 : 6. Suffice it to observe that the Ad-hoc District Judge had no jurisdiction to entertain the Miscellaneous Civil Appeal preferred by the Respondents. On this sole ground, the impugned Judgment and Order is set-aside. At the same time, it is clarified that it will be open to the Respondents to question the correctness of the Judgment and Order passed by the Civil Judge Senior Division, Palghar below Exhibit 5 in Special Civil Suit No.91 of 2007 by way of Appeal from Order before this Court, if so advised. All questions in the said appeal will obviously be decided on its own merits in accordance with law. 7. Petition allowed on the above terms. A.M.KHANWILKAR, J.