V.M. Kanade, J.

1. Heard Mr. A.A. Kumbhakoni, the learned Senior Counsel appearing on behalf of the Applicant in CRA/193/2011 and Mr. Shreehari Aaney, the learned Senior Counsel appearing on behalf of the Respondents/BPT. The other three learned Counsel appearing in CRA/30/2012, CRA/217/2011 and CRA/694/2011 have adopted the submissions made by the learned Senior Counsel Mr. Kumbhakoni.

2. A short but interesting question has been referred to us by the Hon'ble Chief Justice in view of the reference made by the learned Single Judge Mr. Justice G.S. Godbole (as he then was) in his judgment dated 18/01/2012. The question which was framed for reference by the learned Single Judge is as under:

“Whether the word “entertain” used in Section 15 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 can be equated with the word “lodging/filing” of the Suit or will have to be interpreted to mean “consideration of merits of the Suit” or “the date of framing of issues in the Suit”.

By the said judgment and order, the learned Single Judge was pleased to differ with the view taken by learned Single Judge Mr. Justice V.C. Daga (as he then was) in Shalan w/o Narayan Dappal & O