IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL APPEAL APPEAL FROM ORDER NO. 257 OF 2008 FROM ORDER NO. 257 OF 2008 FROM ORDER NO. 257 OF 2008 WITH WITH WITH CIVIL CIVIL CIVIL APPLICATION NO. 309 OF 2008 APPLICATION NO. 309 OF 2008 APPLICATION NO. 309 OF 2008 KARSONDAS KHIMJI RAJGHOR ..APPELLANT (ORIG. PLAINTIFF) V/S B.M.C. & ORS. ..RESPONDENTS (ORIG. DEFENDANTS) Ms. Sindha Shreedharan, Advocate, for the appellant. Mr. R.K. Malandkar, Advocate, for the respondent no.1. Mr. V.S. Paradkar, Advocate, for the respondent Nos. 2 to 6. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: DATE: DATE: 27th March, 2008. 27th March, 2008. 27th March, 2008. P.C. P.C. P.C. 1. The Appellant/Orig. Plaintiff had filed suit challenging the notice issued under section 53 of the MRTP Act for demolition of unauthorised structure. As : 2 : Notice of Motion for interim relief was dismissed this Appeal was filed. However, after some discussion the learned counsel concedes that in view of section 149 of MRTP Act, Civil Court has no jurisdiction to entertain the suit. Therefore, the Appellant seeks to withdraw the Appeal and also suit from the trial court so that the Plaintiff/Appellant may file appropriate proceedings before the appropriate forum for the appropriate remedy. 2. The Appeal stands disposed of as withdrawn with the aforesaid liberty. The Respondents shall not act upon the impugned notice for further period of 8 weeks from today. 3. As the Appeal itself is disposed of, the Civil Application does not survive and stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)