- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 199 OF 1982 Mrs Parviz F.Kaka & ors .. Plaintiffs vs Gulabdin Meghji Gilani .. Defendant .. Mr.Snehal Shah i.b.S.D.D.& Phatarphekar for Plaintiff None for Defendants CORAM: R.V.MORE,J DATED: November 3rd, 2009 P.C. 1. The suit is filed for possession of the suit property more appropriately described in para 2 and 3 of the plaint. The case of the plaintiff is that the defendant was a gratuituous licencee in the suit premises and this licence having been terminated he has become a tresspasser. On the basis of these pleadings, a suit for possession of the suit premises is filed. The Learned counsel for the plaintiff further submitted that now in view of the decision of the Full Bench in Writ Petition NO. 148 of 2004 Prabhudas Damodar Kotecha vs Smt Manaharbala Jeram Damodar & ors,a suit for possession against a gratuituous licencee is also required to be filed before the Small Causes Court, Mumbai and this Court has no jurisdiction to deal with the matter. He therefore seek an order from this Court under the - 2 - provisions of Order 7 Rule 10A of the C.P.C. Though nobody appears on behalf of the defendant, the defendant in his written statement has already taken a stand that the suit is not maintainable in this hon’ble court. 2. In the above facts and circumstances, the plaint is returned to the plaintiff in order to present the same before the Small Causes Court, Mumbai. The plaintiff and the defendant shall appear before the Small Causes Court, Mumbai on 30th November, 2009. The learned counsel for the plaintiff undertake to communicate this order to the defendant within a period of one week from today. 3. Learned counsel for the plaintiff further submitted that during the pendency and final disposal of the above suit, injunction in terms of prayer clause (a) was granted in Notice of Motion No.553 of 1982 on 1.10.1980. This order is in force till today. It was requested to continue this order for a period of six weeks. 4. In the above facts and in the interest of justice interim order dated 1.10.1982 is continued till 14.12.2009. R.V.More, J - 3 -