IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 723 OF 2000 Shri.Tukaram Maruti Yadav ....Appellant V/s. Smt.Kondabai Bhikaji Sankpal .....Respondent ========== Mr.Nitin Deshpande, adv.for appellant. Respondent and advocate absent. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 12TH JUNE, 2009. P.C. : 1. Mr. Deshpande states that in view of the decision of the Full Bench of our High Court in the case of Prabhudas Damodar Kotecha & Anr. V/s.Manharbala Jeram Damodar & Ors. reported in 2007(5)Bom.C.R.page 1, he concedes to the decision of the lower appellate court that the court of small causes has exclusive jurisdiction to try eviction proceedings against gratitious licensee. He however, submits that the decision of the appellate court in dismissing the suit after allowing the appeal is not correct. According to him, the appellate court ought to have directed for return of the plaint to the plaintiff for presentation to proper court. In view of the established legal position as regards the jurisdiction of the court for the purpose of filing eviction proceedings against the gratitious licensee, the appeal is partly allowed. The order of the lower appellate court in setting aside the judgment and decree in Regular Civil Suit No. 1129 of 1993 is confirmed. However, the further direction of dismissal of the suit is set aside. It is directed that the plaint in Regular Civil Suit No.1129 of 1993 be returned to the appellants for presentation to proper court. In the facts of the case, no order as to costs. [SMT.R.P.SONDURBALDOTA, J]