/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1554 OF 2002 Raghunath Harischandra Patil ...Plaintiff Vs. Durvash Kashinath Patil & Anr. ...Defendants ---- Mr.G.R. Khan i/b. P.R. Pal for Plaintiff Ms. Madhavi Nalavade i/b K.V. Tembe for Defendants CORAM: V.M. KANADE J. DATED JULY 29, 2008 P.C. 1. The Plaintiff has filed the suit, seeking a direction that the Defendants be ordered to hand over quite, vacant and peaceful possession of the suit premises. A specific averment is made in the plaint that the Defendants are the gratuitous licensees. It is the case of the Plaintiff that he is an absolute owner of the said property and the structure in which the Defendants are residing. 2. The learned Counsel appearing on behalf of the Defendants has raised a preliminary issue regarding maintainability of the suit. He submitted that in view of the judgment of Full Bench of this Court in the case of Prabhudas Damodar Kotecha and Anr. vs. Smt. Manharbala Jeram Damodar and Ors. reported in 2007(5) Bom CR1, 2007 (5) MhLj341, / 2 / such a suit is not maintainable in this Court. 3. The learned Counsel for the Plaintiff submits that the said controversy has been covered by virtue of the Judgment of Full Bench of this Court in the case of Prabhudas Damodar Kotecha and Anr. vs. Smt. Manharbala Jeram Damodar and Ors. The ratio of the judgment squarely appliesto the facts of this case. 4. In view thereof, this suit is not maintainable in this Court and the plaint is accordingly returned to the Plaintiff. The Plaint be transferred to the Small Causes Court. The Plaintiff and the Defendants should remain present in the Small Causes Court on 11th August, 2008. The Plaintiff is a senior citizen and is about 82 years old. The suit is pending in the Court since the year 2002. The Small Causes Court should hear and decide the suit as expeditiously as possible and in any case, on or before June 2010. S.O. to 11th August, 2008 V.M. KANADE J.