IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.556 OF 2009 WITH CIVIL APPLICATION NO.669 OF 2009 Ramesh B. Vora & Ors. ...Appellants. v. Suresh B. Vora & Ors. ...Respondents. Mr. G.C.Singh, adv. For the Appellant. Ms. Neelam S. Pawar, adv. For the Respondent No.2. Shri Suresh B. Vora in-person, respondent no.1 present in Court. CORAM : J.H. BHATIA, J. DATED : APRIL 27, 2010 P.C. 1 Appeal was filed against the order of the City Civil Court holding that it had no jurisdiction and that the jurisdiction lies with the Small Cause Court in view of the nature of the dispute. The learned counsel for the appellant seeks to withdraw the appeal and to file the suit before the Small Cause Court but makes a request for protection for some time. The landlord has not filed any suit for eviction even for making development. Appellant is not in possession and the respondent no.1, who has already filed suit in Small Cause Court for declaration that he is tenant and is admittedly in possession. 2 In view of the above, appeal stands disposed off as withdrawn. The landlord shall not demolish the premises for eight weeks - 2 - from this date. The appellant shall be at liberty to file suit before the Small Cause Court within that period. 3 As the appeal itself is disposed off, civil application no. 669/09 does not survive and stands disposed off accordingly. (J.H. BHATIA,J.)