1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO. 67 OF 2007 APPEAL FROM ORDER NO. 67 OF 2007 APPEAL FROM ORDER NO. 67 OF 2007 WITH CIVIL APPLICATION NO. 118 OF 2007 Smt. Manda Gajavir Rele & Anr. .. Appellants (Orig. Plaintiffs) Versus Nirmala wd/o. Sunderao Rele & Ors. Respondents (Orig. Defendants) Mr.A.M.Ranpise,Advocate, for the appellants. Mr.S.D.Mogre, Advocate, for the respondents NOs.1 to 5. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE : 21st January, 2008. DATE : 21st January, 2008. DATE : 21st January, 2008. P.C. P.C. P.C. 1. After some discussion at the Bar, with consent of the Counsel of both parties, the Appeal stands disposed of with the following directions :- (i) In view of the fact that in Short Cause Suit No.1148 of 2005 plaintiffs claim that they are 2 the tenants and that the defendants are their gratuitous licensees and in view of the fact that in a recent Full Bench Judgment of this Court in Writ Petition No.148 of 2004 (Prabhudas Kotecha & (Prabhudas Kotecha & (Prabhudas Kotecha & Ors. vs. Smt. Maharbala Damodar & Ors) Ors. vs. Smt. Maharbala Damodar & Ors) Ors. vs. Smt. Maharbala Damodar & Ors) now it is settled that even in respect of the dispute between the licensor and the gratuitous licensee, the jurisdiction lies with the Small Cause Court and not the City Civil Court, the S.C.Suit No.4844 of 2005 is hereby transferred from the City Civil Court to the Small Cause Court, Mumbai. (ii) As the impugned order has been passed by the City Civil Court having no jurisdiction, the Notice of Motion No.1148 of 2006 which was filed by the plaintiffs before the City Civil Court and which has been decided by the said Court shall be re-heard and disposed of on its own merits by the Small Cause Court and the Small Cause court shall not be influenced by any of the observations made by the City Civil Court in its order dated 5.9.2006 while disposing of the Notice of Motion. (iii) The record and proceedings of the said suit shall be transferred by the City Civil Court to 3 the Small Cause Court within two weeks (iv) The parties shall appear before the Small Cause Court, Mumbai, on 11.2.2008. (v) The Registrar of the Small Cause Court shall get appropriate orders for assignment of the matter to the concerned Judge of the Small Cause Court. (vi) In view of the above, the Civil Application does not survive and stands disposed of. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)