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Appaya Padadaya Guru Mahadevayya Vs. Lakhamgowda Basavanprabhu Sardesai - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtMumbai
Decided On
Case NumberCivil Application No. 827 of 1921
Judge
Reported inAIR1923Bom176; (1923)25BOMLR77
AppellantAppaya Padadaya Guru Mahadevayya
RespondentLakhamgowda Basavanprabhu Sardesai
Excerpt:
.....the leave, that for the purposes of section 110 of the civil procedure code the value of the subject matter of the suit was in excess of rs. 10,000. - - the order made therein involved a question respecting the compound and the well which has now been found by the lower court to be worth more than rs......must be granted on the ground that the final order involves directly or indirectly some claim or question relating to or respecting property worth over rs. 10,000 in value. costs will be costs in the appeal.
Judgment:

Norman Macleod, Kt., C.J.

1. We think that considering the judgment of their Lordships of the Privy Council in Manilal v. Banubai granting special leave to appeal after a certificate had been refused by this Court 23 Bom. L. R. 374 we must grant a certificate in this case. The order made therein involved a question respecting the compound and the well which has now been found by the lower Court to be worth more than Rs. 5,000, and, therefore, that must be the value to be taken when applying the provisions of Section 110, Civil procedure Code, although the value of the appellant's interest appears to be very much less, We think the rule must be made absolute and a certificate must be granted on the ground that the final order involves directly or indirectly some claim or question relating to or respecting property worth over Rs. 10,000 in value. Costs will be costs in the appeal.


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