1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4547 OF 2008 IN FIRST APPEAL NO. 2256 OF 2007 Ramchandra Walke ........Applicant versus Phulsingh Boath & anr........ Respondents. Mr. Shishir Joshi adv. for the Applicant Mr. R.O. Pathak adv. for the respondents CORAM: A. P. DESHPANDE, J. DATED : 9th FEBRUARY, 2009. P.C.: 1. By consent of parties the appeal is taken up for final hearing. In this appeal the judgment and decree under challenge is passed by the City Civil Court dated 19-12-2006 whereunder the defendats have been directed to vacate the suit premises and hand over the possession to the plaintiff. The learned counsel appearing for the respondent in all fairness invites the attention of this court to a Full Bench judgment passed in W.P. No.148/04, and points out that the suit based on termination of licence would lie before the presidency Small Causes Court under the Small Causes Court Act. The learned counsel for the respondent referring to the Full Bench judgment submitted that the city civil 2 court did not have jurisdiction to hear and decide the suit as the Presidency Small Causes Court would have exclusive jurisdiction to entertain such a suit. As the learned counsel for the respondent does not dispute the applicability of the full bench judgment to the facts of the present case, the judgment and decree impugned derseves to be quashed and set aside. It is also contended by the counsel for the respsondent that the full bench judgment is pronounced after passing of the judgment and decree by the city civil court and during pendency of the appeal in this court. In the result, appeal is allowed and impugned judgment and decree passed by city civil court is quashed and set aside. The learned counsel for the respondent submits that the concession is made available for disposal of the appeal as the respondent proposes to approach the Supreme Court , with a view to contend that the law laid down by the full bench in the above referred judgment is not the correct position of law. (A. P. DESHPANDE, J.)