1 CA-1516-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1516 OF 2009 IN APPEAL FROM ORDER NO. 238 OF 2006 Mount Unique Co-operative Housing Society Limited. ... Applicant (Orig. Respondent) Vs. P.M.Shankar .. Respondent (Orig. Appellant) Ms. Kalyani G.Parmar,Advocate, for the applicant. CORAM: J.H.BHATIA,J. DATE : 1st October 2010. P.C. 1. None for the respondent, who is original appellant, though served. Heard the learned Counsel for the applicant, who is respondent in A.O. and the original defendant. 2. The City Civil Court had directed to return the plaint of the plaintiff/appellant on the ground that City Civil Court had no jurisdiction. That order was challenged in A.O. 3. The learned Counsel for the original defendant contends that the 2 CA-1516-09.sxw defendant has filed a suit against the original plaintiff for eviction and therefore there can be no apprehension of eviction without following due process of law. On perusal of the plaint filed by the plaintiff/appellant, it is clear that his only limited prayer was that he should not be evicted without following due process of law and as the defendant society has now started the said due process by filing a suit for eviction, the apprehension of eviction without following due process of law does not continue. 4. In view of this, the present Application is allowed and A.O. No.238 of 2006 stands dismissed without deciding the question as to whether the City Civil Court had or had no jurisdiction. (J.H.BHATIA,J.) 3 CA-1516-09.sxw