IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.2307 OF 2003 Date:19.09.2011 Between:- Ambedkar Seva Sangham. ...Appellant And T.Narasimha and others. . ... Respondents THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.2307 OF 2003 JUDGMENT: This Civil Miscellaneous Appeal under Order XLIII Rule 1 ( r) of Code of Civil Procedure, 1908 (for short, ‘C.P.C’) is directed against the order, dated 19.01.2000 in E.A.No.39 of 1997 in E.P.No.104 of 1995 in I.A.No.851 of 1992 in O.S.No.282 of 1983 on the file of the V Senior Civil Judge, City Civil Court, Hyderabad, whereunder and whereby, the Application filed by the petitioner under Order XXI Rule 99 read with Section 151 CPC to restore the possession with super-structures existing in an extent of Ac.03.19 guntas in survey No.335/1, Guddimalkapur Village, Golkonda Mandal, Hyderabad, stating that the appellants/petitioners were illegally dispossessed from the aforesaid property under the guise of the execution of the decree, was dismissed. 2. Admittedly, the order, dated 19.01.2000 passed under Order XXI Rule 99 CPC does not fall under any one of the appeallable orders as contemplated under Order XLIII Rule 1 CPC. Perhaps that is the reason why the appellants herein filed C.M.A.M.P.No.2343 of 2010 to convert this Civil Miscellaneous Appeal into a regular appeal. Accordingly, C.M.A.M.P.No.2343 of 2010 is ordered. 3. There cannot be any dispute that the forum of appeal in which a party has got right to appeal, will be decided basing on the law prevailing as on the date of filing of the appeal. The pecuniary jurisdiction of this Court was above Rs.3,00,000/- as on the date of filing of appeal. If the value of the appeal is below Rs.3,00,000/-, the appeal has to be filed before the District Court concerned. As on the date of filing of the appeal, admittedly as the value of the appeal is less than Rs.3,00,000/-, the appeal shall lie to the District Court concerned. 4. Registry is directed to return the papers to the appellants for presentation before the appropriate Court and after such presentation the appellate Court shall dispose of the appeal within a period of six months from the date of filing of the appeal. The petition, if any, filed to receive additional evidence under Order XLI Rule 22 CPC shall be decided by the appellate Court, which is having a pecuniary jurisdiction. _​_____________________ JUSTICE K.C.BHANU SEPTEMBER 19, 2011 YVL