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2018 DIGILAW 224 (AP)

Ali Idrees v. Shamshad Begum

2018-03-27

B.SIVA SANKARA RAO

body2018
JUDGMENT : 1. The unnumbered appeal, in AS(SR) No.8700 of 2018, is filed before this Court on 15.02.2018, by the first defendant among five defendants, by showing the plaintiffs as respondents 1 and 2 and other defendants as respondents 3 to 6. The suit filed by the two plaintiffs against five defendants was for the reliefs of declaration of title and recovery of possession and cancellation of two documents and for mandatory injunction. The plaintiffs have valued the reliefs for purposes of Court fees and jurisdiction as follows: (1) On the relief of declaration with possession of 3/4th market value under Section 24-A of the Court Fees Act for a sum of Rs.2,68,125/-, which is same value adopted rightly for purpose of valuation, as per the full bench judgment of this Court in Kalla Yadagiri Vs. Kotha Balreddy (1991 (1) ALD 222 = (1) AL 211 (FB)). (2) For the reliefs of cancellation of the gift deed dated 10.04.2000 and sale deed dated 26.09.2000 respectively, each valued under Section 37 of the Court Fees Act for purpose of Court fees at Rs.1,30,000/- and with the monetary injunction relief for removal of structures raised therein for purpose of court fees valued at Rs.5,000/- under Section 26-A of the Court Fees Act and arrived the same value for jurisdiction respectively as laid down in Kalla Yadagiri’s case (supra). Thereby, the total value for purpose of jurisdiction shown from total of the four reliefs of a sum of Rs.5,33,135/-. 3. Against trial courts decree and judgment, aggrieved by the first defendant/sole appellant, present unnumbered appeal is filed. 4. The office took objection by return of the appeal on 17.02.2018 saying how the appeal is entertain able before the High Court from its value is Rs.5,33,125/-, which is less than Rs.10,00,000/-. 5. The counsel for the appellant supra represented the above return as follows: “With regard to objection dated 26.02.2018, it is submitted that the petitioner has represented the said bundle vide ASSR.No.1097 of 2018, before the Hon’ble Principal District Judge, Medak at Sangareddy, on 14.03.2018, but the said appeal is returned by the Court holding that as per the G.O.Ms.No.17, dated 06.12.2014, the Hon’ble Principal District Judge has no jurisdiction to entertain the above appeal. Hence, the above ASSR No.8700 of 2018 is once again represented before this Hon’ble Court, to number the above appeal or to place before the Hon’ble Bench for hearing on Jurisdiction of Appeals.” 6. It is on said office objection, Registry posted the matter before this Court for passing orders to number the appeal or to return to present before the District Court concerned as the case may be. 7. Heard the counsel for the unnumbered appellant supra and perused the material on record from the unnumbered appeal papers and the office objection and representation referred supra and also perused the amendment made to Section 17 of the Civil Courts Act, by Act 08 of 2015 by the State of Andhra Pradesh and amendment made to the Civil Courts Act, 1972, by the State of Telangana, by G.O.Ms.No.17, Law (LA, LA & J - Home - Courts.A2), dated 06.12.2014. 8. From perusal of G.O.Ms.No.17 of 2014 and Act 08 of 2015, it is made clear that, so far as the State of Telangana, as per G.O.Ms.No.17, dated 06.12.2014 supra, there was no amendment made to section 17 of the Civil Courts Act, in respective of the appellate jurisdiction, but for only to Section 16 of the Civil Courts Act amendment made to Section 16 by State of Telangana reads that: it is amended from rupees ten lakhs to rupees fifteen lakhs and rupees one lakh to rupees three lakhs respectively of the jurisdiction of the original suits and original matters, so far as Senior Civil Judge and Junior Civil Judge concerned. Thus, in case of appeals only amendment to the Civil Courts Act earlier made during the composite State, so far as applicable to the State of Telangana was as per Act 15 of 2005, whereunder as per Section 17, appeal to High Court against the judgment of the Senior Civil Judge lies, if it exceeds rupees five lakhs and if it is below rupees five lakhs, then only it goes to District Judge concerned. 9. Whereas in the State of Andhra Pradesh, by Amended Act, 08 of 2015, there is amendment made to Section 17 of the Civil Courts Act fixing jurisdiction of High Court to entertain appeal from decree and judgment of Senior Civil Judge Court is if above rupees ten lakhs by amended from five lakhs. 10. 9. Whereas in the State of Andhra Pradesh, by Amended Act, 08 of 2015, there is amendment made to Section 17 of the Civil Courts Act fixing jurisdiction of High Court to entertain appeal from decree and judgment of Senior Civil Judge Court is if above rupees ten lakhs by amended from five lakhs. 10. The office of the Registry of the High Court having referred the Civil Courts Act, containing the amendment to Section 17 from the printed book, which did not specify as only relates to State of Andhra Pradesh in taking the above objection under the impression that it also applies to State of Telangana. 11. As referred supra, the amendment to Section 17 covered by Civil Courts Act made is only by the State of Andhra Pradesh by said Act 08 of 2015, which came into force w.e.f. 13/15.04.2015. 12. In fact from perusal of the above, it is made clear that for the State of Telangana, after amendment to the Civil Courts Act by Act 15 of 2005, there is no further amendment to Section 17 of the Civil Courts Act but for Section 16 of the Civil Courts Act, either before or after G.O.Ms.No.17, dated 16.12.2014, till date. 13. In fact, it requires consideration by the State of Telangana also to amend Section 17 of the Civil Courts Act, for entertaining appeal against the Senior Civil Judge, where the value of the suit or original proceedings involves above rupees fifteen lakhs in tune to the amended Section 16 of the Civil Courts Act by G.O.Ms.No.17, dated 06.12.2014. 14. However, till then, the Registry is bound to number the appeals from Senior Civil Judge judgment filed before the High Court, where the value is above rupee five lakhs, so far as State of Telangana concerned. 15. It is also to be kept in mind that in case of civil appeals from the State of Andhra Pradesh, if the value is above rupees ten lakhs only, for appeals against the Senior Civil Judge lies to the high court to number. 16. 15. It is also to be kept in mind that in case of civil appeals from the State of Andhra Pradesh, if the value is above rupees ten lakhs only, for appeals against the Senior Civil Judge lies to the high court to number. 16. The Registry is therefore required to keep the difference for first appeals in the State of Telangana concerned to entertain if it is above rupees five lakhs pecuniary value of the suit claim for purpose of jurisdiction, under Section 49 of the Court Fees Act, however, so far State of Andhra Pradesh concerned, if the value is above rupees ten lakhs. 17. It is also to be kept in mind - the law laid down by the larger Bench judgment of this Court in Vallabltaneni Lakshmana Swamy v. Valluru Basavaiah and other ( 2004 (5) ALD 807 = (5) ALT 755 (5JB)), the Civil Courts Act amendments apply prospectively, however appeals filed after the amendments came into force against the decree in suit filed under the pre-amended Act shall be dealt with as per the amended Act and value as on the date of suit is criteria for deciding the value of the appeal as per Sections 49 and 50 of the Court Fees Act. 18. Copy of this order is be marked by the Registry to the Secretary to Government, Legal Affairs, Legislative Affairs and Justice, State of Telangana, to consider the amendment necessary to Section 17 of the Civil Courts Act.”