JUDGMENT : J. P. Desai, J. Heard, Mr. Y. V. Shah, for Mr, A. H. Pandya for the appellant. 2. The present appeal is filed against the judgment and decree passed by the learned Assistant Judge Bhawnagar. Looking to the provisions of section 28 of the Hindu Marriage Act, 1955 and section 8 and 26 of the Bombay Civil Court Act, 1869, it is clear that the appeal will lie to the District Court. Such a view has been taken by this court in First Appeal No. 1603 of 1983 decided on 24-2-1984, First Appeal No. 1902 of 1984 decided on 5-2-1985, First Appeal No. 1126 of 1983 decided on 20-4-1985 and First Appeal No, 492 of 1983 decided on 6-8-1985. In view of this, this appeal is not maintainable before this court. The Memo of appeal is, ordered to be returned to the appellant for presentation to the proper court. The appellant is given time upto 25-8-1985 to present the appeal before the District Court. Order accordingly.