FERDINO I. REBELLO, J.

Rule. By consent of parties heard forthwith.

2. The petition arises from an order passed by the Principal Judge, City Civil Court, Mumbai under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, hereinafter referred to as the Act. The Appeal preferred by the petitioner herein has been dismissed by judgment and order dated 21st July, 2009.

3. At the hearing of this petition on behalf of the respondents learned Counsel has raised two preliminary objections as to the maintainability of this petition. We may first deal with these aspects as they touch upon the jurisdiction of a Division Bench of this Court to hear and decide the petition.

4. The preliminary contentions urged on behalf of the respondents are (1) That considering Chapter XVII Rule 18 of the Bombay High Court Appellate Side Rules 1960 which hereinafter shall be referred to as the Rules, the Petition, in terms of Rule 18(3) must be heard by a learned Single Judge of this Court. A Division Bench, therefore, it is submitted would have no jurisdiction to hear and decide the Appeal and (2) Placing reliance on an unreported order of a learned Division bench da