1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2321 OF 1998 Smt. Pushpa S. Lodha & Ors. ... Plaintiffs. V/s. Hullaschand Sampatmal Dasani. ... Defendant. Mr. P.H. Toprani for the Plaintiffs. Ms. Puja Tukrel with Mr. Sandip Parikh i/b. Raj Baid for the Defendant. CORAM : S.C. DHARMADHIKARI, J. DATE : 12TH NOVEMBER 2008. P.C. :- Mr. Toprani in all fairness states that the Suit is to recover possession from a licensee upon expiry of the leave and licence. 2. The property in question is a immovable property. 3. In the light of this admitted factual position as emerging from reading of the plaint, the Plaintiffs state that at the request of the 2 Defendant, the preliminary issue as framed be answered in favour of the Defendants and against the Plaintiffs and thereafter, consequential orders be passed in accordance with law. 4. Accordingly, the following preliminary issues are framed :- (i) In view of the fact that the Suit is between the Licensor and the Licensee, whether this Hon'ble Court has jurisdiction to enterain and try this Suit in view of the decision in the Full Bench Judgment of Bombay High Court in the case of Prabhudas Damodar Kotecha & Anr. V/s. Manharbala Jeram Damodar & Anr. Reported in (2007) 5 Bom. Case Reporter Page 1. (ii) What Order ? 5. The Defendant's Advocate has placed reliance upon the Full Bench decision in Prabhudas D. Kotecha & Anr. V/s. Manharbala Jeram Damodar & Anr. and contended that this Court will have no jurisdiction to entertain and try the suit. Mr. Toprani in all fairness states that the Full Bench decision is applicable to the facts of this 3 case. 6. In the light of this, the preliminary issue is answered in favour of the Defendant and against the Plaintiffs. 7. However, in the peculiar facts of this case and with a view not to prejudice the Plaintiffs, it is directed that the plaint be returned for presentation to appropriate Court upon the Plaintiff's Advocate producing the copy of this order. This Court has merely proceeded on the jurisdictional issue and pleas on issues as far as merits are concerned are kept open. Therefore, all pleas in that behalf are kept open and the Competent Court to proceed with the Suit after determining other issues and answering them in accordance with law. (S.C. Dharmadhikari,J.)