1 fa1971-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa FIRST APPEAL NO. 1971 OF 2010 Dindayal Shivthal Telly @ Gupta .. Appellant V/s. Municipal Corporation of Gr.Bombay .. Respondent .... Mr. J. M. Chodankar for the appellant. Mr. Vinod Mahadik for respondent-BMC. .... CORAM : A. S. OKA, J. DATE : FEBRUARY 15, 2011. P.C. Learned counsel appearing for the appellant seeks permission to withdraw the Appeal as the appellant wants to file appropriate proceedings for challenging the notice under Section 55 of the Maharashtra Regional and Town Plaining Act, 1966 (hereinafter referred to as the “said Act”). 2. By the impugned decree, it has been held that the suit is not maintainable in view of bar created by Section 149 of the said Act. Hence, the prayer made by the appellant will have to be accepted. 2 fa1971-10 3. Accordingly Appeal is dismissed as withdrawn with liberty to the appellant to file appropriate proceedings for challenging the notice in question. To enable the appellant to do so, status-quo as of today in respect of the disputed structure shall be maintained for a period of eight weeks from today. JUDGE