ash 1 fa-1647.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.1647 OF 2010 Eruch N. Patel. .. Appellant Vs 1. Dr. Aspi Framroz Golwalla (Deleted) 2. Mr. Minocher Ardeshir Netin & Others. .. Respondents ­­ Shri S.S. Redekar h/f Shri Kunal Bhanage for the Appellant. Shri S.M. Gorwadkar for Respondent Nos.2 to 7. ­­ CORAM : A.S. OKA, J DATED : 21ST JUNE, 2011 P.C. . Heard learned counsel appearing for the Appellant and the learned counsel appearing for the Respondent Nos.2 to 7. One of the objections raised by the learned counsel appearing for the Appellant was that considering the nature of the suit and the relief claimed in the suit, the City Civil Court had no pecuniary jurisdiction to entertain and try the suit. Learned counsel appearing for Respondent Nos.2 to 7 ( Original Plaintiffs ) on instructions accepts that the suit was beyond the pecuniary jurisdiction of the City Civil Court. He, therefore, prays that an order may be passed for return of the Plaint. ash 2 fa-1647.10 2. Hence, I pass the following order: ORDER : (a) The impugned judgment and decree is quashed and set aside and S.C. Suit No.5198 of 2001 is restored to the file of the Trial Court. (b) The Trial Court shall return the Plaint to the Respondents­Original Plaintiffs for presentation to proper Court. (c) The First Appeal is disposed of on above terms with no orders as to costs. (d) For a period of six weeks from today, the Appellant shall not create any third party interests and shall not not part with possession of the suit premises. (e) Civil Application No.4193 of 2010 does not survive and the same is disposed of. ( A.S. OKA, J )