2 FA 2113.2009 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 2113 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P.B.Shirsath,Advocate for the appellant .......................... CORAM : S.V. GANGAPURWALA, J. DATE : 21/03/2011 PER COURT : 1. The present Appeal is filed against the decree passed by the trial Court decreeing the counter claim of defendant no. 2 for partition and possession. The valuation of 1/3rd share was claimed at Rs. 90,000/-, though the total property was valued for Rs. 2,70,000/-. As per Section 8 of Suits Valuation Act, the valuation for the purpose of court fees and jurisdiction would be the same. As per Section 6 (vii) of the Bombay Courts Fees Act, the valuation of the Suit would be in accordance with the share of the party. In the present case, the appellant claims valuation of his share as Rs. 90,000/- only. The jurisdiction of the 2 FA 2113.2009 District Court to entertain the Appeal is up to Rs. 2,00,000/-. 2. In that light of the matter, the Appeal will lye before the District Court. Hence, the Appeal is returned back to the appellant along with paper book for presentation in proper forum. [ S.V. GANGAPURWALA,J. ] KNP/FA 2113.2009