ash 1 fa-59.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.59 OF 2009 Porus V. Thapar .. Appellant Vs Municipal Corporation of Greater Bombay. .. Respondent -- Sri Anil Singh i/by Shri D.R. Shah for the Appellant. -- CORAM ; A.S. OKA, J DATED : 29TH AUGUST, 2011 P.C. . As the suit filed by the Appellant is held to be barred under Section 149 of the Maharashtra Regional and Town Planning Act, 1966, the learned counsel appearing for the Appellant seeks permission to withdraw the First Appeal with liberty to adopt appropriate remedy. Hence, the Appeal is dismissed as withdrawn with liberty as prayed, as the suit has been dismissed only on the ground of bar under Section 149 of the said Act. 2. All contentions of the parties on merits are kept open. 3. To enable the Appellant to adopt an appropriate remedy, the ad- interim relief granted earlier will continue to operate for a period of eight weeks from today. ash 2 fa-59.09 4. The Appellant will be entitled to refund of the Court fees as per the Rules. 5. The Civil Application No.143 of 2009 does not survive and the same is accordingly disposed of. ( A.S. OKA, J )