1 WP : 4551/1991 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.4551 OF 1991 The Saraswat Co-operative Bank Ltd. .... Petitioner Vs. Pune Zilla Parishad, Pune & Others .... Respondents Mr. Y.R. Naik, Advocate for petitioner. Mr. N.P. Deshpande, Advocate for respondents. Coram : SMT.R.P.SONDURBALDOTA, J. Date : 1st October, 2010 P.C. 1. The petitioner herein seeks to challenge the order dated 25th February 1988 passed by Joint Civil Judge, Junior Division, Pune in Regular Civil Suit No. 2025 of 1985 and the judgment and order dated 9th July 1991 passed by the District Court, Pune in Civil Appeal No.965 of 1988 arising therefrom on the ground that the suit filed by the respondents was not maintainable in the Civil Court. According to the petitioner, the suit being between a landlord and tenant, is required to be filed under Section 26 (Maharashtra Amendment) to Provincial Small Causes Courts Act, 1887 in the court of Small Causes at Pune. Mr. Deshpande, the learned counsel for the respondents in fairness concedes to the position in law. In that circumstance, the petition is allowed. Rule is 2 WP : 4551/1991 made absolute in terms of prayer clause (a). The plaint is returned to the respondents for presentation to the proper court. The respondents shall present the plaint to the proper court within a period of four weeks from today. (Smt. R.P. SondurBaldota, J.) (Smt. R.P. SondurBaldota, J.)