:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1420 OF 2008 IN FIRST APPEAL NO.1549 OF 2003 Vasdantibai G. Chaudhary and ors. ..Applicants. Vs. Ramesh Pandurang Jadhav. ..Respondent. Mr.S.H. Karim for the Applicants. Mr. N.G.Chhatre for the Respondent. CORAM: R.S. MOHITE, J. DATE : 12th November,2008 P.C. P.C. P.C. 1. This is an application for setting aside the order dated 20.7.2002 which is the impugned order in the appeal . It is contended that the suit was filed by the licensor against the gratuitous licensee and in view of the full bench judgment of this court holding that Small Cause Court has got jurisdiction to try such suit, it must be held that the impugned judgment was passed without jurisdiction. It is seen that the defendant had challenged the very ownership of the plaintiff and did not admitted that he was the licensor. The finding in this regard is against the plaintiff. In these circumstances, main appeal cannot be disposed of by this civil application. The record also indicates that suit was filed against the original plaintiff by a public charitable trust. That suit was dismissed on an technical reason as can be seen from the impugned :2: judgment and order and the appeal is pending in this court. I am informed across the bar that this court has dismissed the appeal of the trust but no judgment is produced before this court. Civil application is therefore, dismissed. The point as to the jurisdiction may be raised, if permissible, at the stage of hearing of the appeal. Hearing of the appeal is expedited. (R.S. MOHITE, J.)