Appeal
Pradeep
(Querist) 28 March 2016
This query is : Resolved
Respected Sir
In which higher court does appeal lie when a judgement is delivered by Senior Civil Judge Court in the matter of propery suit where decree value is 9.5 lakhs and property value is 7 lakhs (after deduction). Property is in Andhra Pradesh.
Pradeep
(Querist) 04 April 2016
Respected Sir, Section 17 of Andhra Pradesh Civil Courts Act 1972 states as follows,
Appeals from the decrees and orders of Courts in the Districts
(1) An appeal shall, when it is allowed by law, lie from any decree or order in a civil suit or proceeding:-
(i) of the District Court, to the High Court;
(ii) of the Court of Senior Civil Judge,-
(a) to the District Court, when the amount or value of the subject matter of the suit or proceeding is not more than rupees three lakhs
(b) to the High Court ; in other cases ; and
(iii) of the Court of Junior Civil Judge, to the District Court.
(2) The District Judge may, subject to the orders of the High Court transfer for disposal any appeal from the decree or order of a Court of Junior Civil Judge preferred in the District Court, to any Court of Senior Civil Judge within the district.
(3) Where a Court of Senior Civil Judge is established in any district at a place remote from the seat of the District Court, the High Court, may, with the previous sanction of the Government, direct that an appeal from the decree or order of any Court of Junior Civil Judge within the local limits of the jurisdiction of such Court of Senior Civil Judge shall be preferred in the said Court of Senior Civil Judge
Provided that the District Judge may, from time to time, transfer to his own Court, any appeal so preferred, and dispose it of himself.
Since the value of the suit here is 9.5 lakhs , appeal should be preferred in the High Court in light of the above facts.
Kindly enlighten me on the above.
Devajyoti Barman
(Expert) 05 April 2016
since local law is involved please take help of local lawyer.
