:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE FIRST APPEAL NO.1325 OF 2008 FIRST APPEAL NO.1325 OF 2008 FIRST APPEAL NO.1325 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.3520 OF 2008 CIVIL APPLICATION NO.3520 OF 2008 CIVIL APPLICATION NO.3520 OF 2008 Jamnalal Daulatram Taurani ...Appellant. v. The Municipal Corporation of Gr.Bombay ..Respondents. WITH WITH WITH FIRST APPEAL NO.1326 OF 2008 FIRST APPEAL NO.1326 OF 2008 FIRST APPEAL NO.1326 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.3521 OF 2008 CIVIL APPLICATION NO.3521 OF 2008 CIVIL APPLICATION NO.3521 OF 2008 Anita Deepak Gidwani ..Appellant. v. The Municipal Corporation of Gr.Bombay..Respondents. WITH WITH WITH FIRST APPEAL NO.1327 OF 2008 FIRST APPEAL NO.1327 OF 2008 FIRST APPEAL NO.1327 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.3522 OF 2008 CIVIL APPLICATION NO.3522 OF 2008 CIVIL APPLICATION NO.3522 OF 2008 Dilip Bhajanlal Wadhwa ..Appellant. v. The Municipal Corporation of Gr.Bombay..Respondents. WITH WITH WITH FIRST APPEAL NO.1328 OF 2008 FIRST APPEAL NO.1328 OF 2008 FIRST APPEAL NO.1328 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.3523 OF 2008 CIVIL APPLICATION NO.3523 OF 2008 CIVIL APPLICATION NO.3523 OF 2008 Babulal Sardarmal Jain ..Appellant. v. The Municipal Corporation of Gr.Bombay..Respondents. WITH WITH WITH FIRST APPEAL NO.1329 OF 2008 FIRST APPEAL NO.1329 OF 2008 FIRST APPEAL NO.1329 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.3524 OF 2008 CIVIL APPLICATION NO.3524 OF 2008 CIVIL APPLICATION NO.3524 OF 2008 Ganga Jamnalal Taurani ..Appellant. v. The Municipal Corporation of Gr.Bombay...Respondent Mr.S.N.Vaishnava i/by M/s.N.N.Vaishnawa & Co. , adv. for the Appellants. Mr.J.J.Xavier , adv. for the Respondent/BMC. :2: CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 9th July, 2008. DATE: 9th July, 2008. DATE: 9th July, 2008. P.C. P.C. P.C. 1. Heard the learned counsel for the Parties. 2. In each of these appeals, the plaintiffs/appellants have contended that the structure in dispute is in existence since 1955-56 and at least on two or three occasions prior to the impugned notice, the Municipal Corporation had issued notice under Section 351 of the Bombay Municipal Corporation Act and each time, the notice was dropped. However, lastly the Municipal Corporation issued a notice under Section 55 of the M.R.T.P. Act. The suits were filed by the plaintiffs/appellants to quash the said notice with perpetual injunction. The City Civil Court dismissed the suit holding that the Civil Court does not have the jurisdiction to entertain such suits in view of the specific bar under Section 149 of the M.R.T.P. Act. For this purpose, the trial Court relied upon Division Bench authority of this Court in Bales Sardara Paracha Bales Sardara Paracha Bales Sardara Paracha v. Municipal Corporation of Greater Bombay and another v. Municipal Corporation of Greater Bombay and another v. Municipal Corporation of Greater Bombay and another 2005(4) Bombay C.R. 577. 2005(4) Bombay C.R. 577. 2005(4) Bombay C.R. 577. This Court has already settled the legal position in respect of jurisdiction of the Civil Court under Section 149 of the M.R.T.P.Act. Each of these suits is squarely covered by that authority. Therefore, I do not find any fault with the :3: impugned judgment and order passed by the trial Court. In view of this legal position, there is not substance in the appeals. In the result, in each of the matters, First Appeal is dismissed. 2. The learned counsel for the appellants makes a statement that the appellants would like to pursue the remedy of filing writ petitions challenging the impugned notices and they seek protection from this Court for sometime. For this purpose the learned counsel for the respondent/Corporation makes a statement that the Corporation shall not take any action on the basis of said notices for a period of four weeks from this day. Statement is accepted. 3. As the First Appeals are disposed off, Civil Applications do not survive and stand disposed off accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)