IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2977 OF 2006 NOTICE OF MOTION NO. 2977 OF 2006 NOTICE OF MOTION NO. 2977 OF 2006 IN IN IN SUIT NO. 2489 OF 2004 SUIT NO. 2489 OF 2004 SUIT NO. 2489 OF 2004 Chandulal Kanji Dodia ...Plaintiff vs. Satish Girdharbhai Harsora ...Defendant None for the Plaintiff and the defendant. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : SEPTEMBER 18, 2008 DATED : SEPTEMBER 18, 2008 DATED : SEPTEMBER 18, 2008 P.C. :- P.C. :- P.C. :- 1. On the last date on 20th August, 2008, it was submitted by the Counsel for the plaintiff that the defendant no.2 had expired on 14th August, 2008 and time was sought for bringing the heirs of defendant no.2 on record. He, however, had made a statement on that day that he wanted to withdraw the plaint and present it before the appropriate court. 2. The plaintiff has filed the suit against the defendant for eviction on the ground that the defendant is a gratuitous licensee. In view of the Full Bench Judgment of this Court in the case of Prabhudas Damodar Prabhudas Damodar Prabhudas Damodar - 2 - Kotecha and another vs. Smt.Manharbala Jeram Damodar Kotecha and another vs. Smt.Manharbala Jeram Damodar Kotecha and another vs. Smt.Manharbala Jeram Damodar and others, reported in 2007(5) Mh.L.J. Page 341 and others, reported in 2007(5) Mh.L.J. Page 341 and others, reported in 2007(5) Mh.L.J. Page 341, the suit is no longer maintainable in this Court. The plaint, therefore, be returned to the plaintiff. The plaintiff may submit the plaint in the Small Causes Court on 28th October, 2008 and thereafter, make an application for bringing the heirs of defendant no.2 on record. Interim orders, if any, passed by this Court shall continue for a period of six weeks. 3. If the plaint is presented, the trial court may decide the suit, as expeditiously as possible and in any case, within the period of two years. 4. Suit accordingly is disposed of in the aforesaid terms. 5. In view of the disposal of the suit, connected Notice of Motion does not survive and is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)