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. 2204 OF 2007 NOTICE OF MOTION NO. 2204 OF 2007 NOTICE OF MOTION NO. 2204 OF 2007 IN IN IN SUIT NO. 1564 OF 2007 SUIT NO. 1564 OF 2007 SUIT NO. 1564 OF 2007 Mahendra Chandulal Bhansali ...Plaintiff vs. Pranlal Purshottam Rathod ...Defendant Mr.S.G. Surana i/b. M/s.Banatwala & Co. for the Plaintiff. Mr.H.J. Lulla for the Defendant. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : AUGUST 26, 2008 DATED : AUGUST 26, 2008 DATED : AUGUST 26, 2008 P.C. :- P.C. :- P.C. :- 1. Heard. 2. Counsel appearing on behalf of the defendant states that in view of the judgment of the Full Bench of this Court in the case of Prabhudas Damodar Kotecha and Prabhudas Damodar Kotecha and Prabhudas Damodar Kotecha and another vs. Smt.Manharbala Jeram Damodar and others, another vs. Smt.Manharbala Jeram Damodar and others, another vs. Smt.Manharbala Jeram Damodar and others, reported in 2007(5) Mh.L.J. Page 341 reported in 2007(5) Mh.L.J. Page 341 reported in 2007(5) Mh.L.J. Page 341, the present suit is not maintainable since it is filed against the defendant seeking his eviction from suit property on the ground that he is gratuitous licensee. 3. In my view, the ratio of the judgment squarely - 2 - applies to the facts of the present case and therefore, the suit is not maintainable before this Court. 4. Counsel for the plaintiff seeks permission to present the plaint in the appropriate court. 5. The plaint be returned to the plaintiff on 8th September, 2008. The plaint be filed in the Small Causes Court within two weeks thereafter. Hearing of the suit is expedited. The Small Causes Court shall decide the suit, as expeditiously as possible and in any case, within a period of one year. 6. The plaintiff is at liberty to take out appropriate application for interim reliefs before the Small Causes Court. 7. Suit, accordingly, is disposed of. In view of the disposal of the suit, connected Notice of Motion does not survive and is accordingly disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)