1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. FIRST APPEAL NO.1639/2008 Damodar T. Bangera. ..Appellant -VERSUS- The Municipal Corporation of Greater Mumbai and others. ..Respondents ......... Mr.C.N.Chavan, Advocate for the appellant. Mr.J.J.Xaveir, Advocate for the respondent/Corporation. .......... CORAM : A.P.DESHPANDE, J. DATED : 24TH FEBRUARY, 2009. P.C. : 1. The present appeal is directed against the judgment and decree passed by the City Civil Court dismissing the suit No.3379/2005 by holding that the Civil Court's jurisdiction is barred by Section 149 of the Maharashtra Regional and Town Planning Act. It is undisputed that the notice under Section 55 of the M.R.T.P. Act issued by the Planning Authority is impugned. 2. The question raised is no longer res-integra and is concluded against the appellant by a half dozen judgments of this Court reported in 2005(3) Bombay C.R. 300, 2008(2) Bombay C.R. 335, the order passed in Appeal from Order No.912/2002, 2005(4) Bombay C.R. 577, the order passed in First Appeal 2 St.No.14291/2008, so also the judgment passed in C.R.A. No.222/1999. 3. In the result, learned counsel for the appellant does not press the appeal and seeks liberty to approach the Assistant Commissioner of the Corporation by making a representation urging to regularize the structure. 4. In the result, permission to withdraw the appeal is granted with liberty to approach the Assistant Commissioner of the Corporation by making a representation within a period of four weeks from today. On receipt of the representation, the Assistant Commissioner of the Corporation shall consider the same in accordance with the law and pass an appropriate order within a period of eight weeks from the date of making of the representation and communicate the same to the appellant within a period of four weeks from the date of passing of the order. The parties are directed to maintain status-quo in regard to the suit structure till the decision of the Assistant Commissioner and for further period of two weeks. The record and proceedings be sent to the Trial Court forthwith. 5. Appeal disposed of. JUDGE