MANGESH VASANT AJMIRE Vs. PRADEEPKUMAR BANSILAL MOHTA

JUDGEMENT

(1.) Heard learned advocates for the respective parties.

(2.) RULE. Rule made returnable forthwith.

(3.) The plaintiff had filed civil suit praying for decree for eviction and for other ancillary reliefs. The civil suit was registered as small cause civil suit and tried by Civil Judge (Junior Division). The trial Court decreed the civil suit. The respondent filed appeal under Section 34 of the Maharashtra Rent Control Act. The learned Principal District Judge, by the impugned judgment, has partly allowed the appeal. The learned Principal District Judge concluded that the civil suit filed by the petitioner ought to have been tried and decided by Civil Judge (Senior Division) and the Civil Judge (Junior Division) had no jurisdiction to try and decide the civil suit. The learned Principal District Judge has set aside the judgment passed by the trial Court and has remitted the matter to the trial Court with direction that it should be allotted to Civil Judge (Senior Division) for fresh trial. The petitioner, being aggrieved by this judgment has filed the present petition.