1 WP No.1783/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.1783 of 2010 Gunvant D. Shah ... Petitioner versus N.C.Dalal & Co. & ors. ... Respondents ... Mr. Deepak Lulia for the petitioner. Mr.P.G.Kinikat i/b Rumi Mirza for respondent nos.1 to 3. CORAM : D.G. KARNIK, J. DATED : 27th July 2010 P.C. 1. By this petition, petitioner challenges the order dated 10 December 2009 passed by the appellate Bench of the Small Causes Court dismissing the petitioner’s appeal against the order of the trial Judge granting injunction. 2. Respondent filed a suit against the petitioner for eviction in the Small Causes Court at Mumbai alleging that petitioner was a licensee and his license was terminated. Petitioner contended that he was a tenant and not a licensee. That controversy however, is not material for the purpose of considering of this writ petition. Respondent made an application in the suit for an injunction restraining the petitioner from 2 WP No.1783/10 subletting and/or giving on license or sub-license or parting with the possession of the suit premises to third party or creating any third party rights in the suit premises. By the order dated 28 April 2009, the application was allowed and petitioner was so injuncted. The appellate Court has confirmed the injunction. Whatever may be the status of the petitioner, whether a tenant or licensee, certainly he cannot sublet the sub-license or otherwise part with the possession of the suit premises, pending the suit for eviction against him. 3. In the circumstances, I find no error in the view taken by the two courts below in granting of injunction. Writ Petition is rejected summarily. (D.G. KARNIK,J.)