Ravi Nath Tilhari, J.

1. This appeal has been filed by the defendant Nos.1 & 2 in O.S.No.5 of 2022 on the file of Civil Judge (Senior Division), Srikalahasti challenging the decree dated 07.11.2024.

2. The office has raised objection that the appeal should have been filed before the District Court as per Section 17 of the Andhra Pradesh Civil Courts Act, 1972 in as much as the valuation of the suit was Rs.50 lakhs and not above Rs.50 lakhs. The appellant resubmitted the appeal rising objection to the office report and submitting that the appeal suit is maintainable in this Court. As per the objection of the appellant, the Trial Court awarded interest on the suit amount of Rs.50 lakhs and adding that amount for the purpose of the valuation of the appeal, it exceeds Rs.50 lakhs.

3. The same issue fell for consideration in A.S.(SR).No.18100 of 2024 and a Co-ordinate Bench after considering the provisions of Section 17 of the Andhra Pradesh Civil Courts Act, 1972 and Section 49 of the Andhra Pradesh Court fees and Suits Valuation Act, 1956 held as under:

               “13. A bare perusal of Section 49 shows that the fee payable in an appeal shall be the same as the fee that would be payable in the Court of first instance, on the subject matter of the appeal. There is proviso as also added to section 49, but the same is not relevant in the present case. Explanation 3 also provides that in claims which include the award of interest subsequent to the institution of the suit, the interest accrued during pendency of the suit till the date of decree, shall be deemed to be part of the subject-matter of the appeal except where such interest is relinquished. So as per explanation 3, it is clear that the interest granted from the date of institution of the suitshall be deemed to the part of the subject matter of the appeal, and the same shall not be the part of the subject matter or value of the suit. So, the amount towards grant of inerest from the date of institution of the suit, cannot be counted under Section 17 of the Andhra Pradesh Civil Courts Act, 1972, as it is not value or amount of the suit. The forum for appeal is to be determined as per Section 17. The value or the amount of the subject matter of the suit being less than Rs.50 lakhs (i.e., Rs.43,50,000/-) as in the appeal, the present appeal, in this Court is not maintainable. The same should have been filed in District Court.”

4. In view of the aforesaid judgment, the valuation of the suit not been above Rs. 50 lakhs. The appeal is not maintainable in this Court on the ground of pecuniary jurisdiction. The same shall be filed before the learned District Court.

5. Office objection is sustained.

6. In the aforesaid judgment, the Co-ordinate Bench also provided as under:

               “It is made clear that so far as the payment of court fee is concerned, the interest awarded by learned Trial Court from the date of institution of the suit at onwards that would be calculated for the value of the appeal and the Court fee would be payable on that amount. So far as the filing of the appeal is concerned, the valuation of the suit shall be considered for the forum. Therefore, in the ends of justice, as the appellant has already paid the court fee on the valuation of the appeal and as also file the appeal within time of this Court instead of returning the memo to be presented before the concerned District Court, we direct the Registry to remit the present appeal to the District Court concerned with due notice to the appellant.”

7. We have considered the direction in the ends of the justice as the appellant has already paid the Court fee on the valuation of the appeal and as also the appeal has filed within the time of this Court, instead of returning the memo to be presented before the concerned District Court, we direct the Registry to remit the present appeal to the District Court concerned with due notice to the appellant without any delay.