1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.337 OF 2010 Union Bank of India .... Applicants Vs. Brihan Mumbai Municipal Corporation & Ors. .... Respondents S/Shri G.S. Godbole i/b V.A. Sonpal for the Applicants. Ms K.K. Soraan for the BMC. CORAM: R.C. CHAVAN, J. DATED: JUNE 23, 2010 P.C: This revision is directed against the order passed by the learned Judge of the City Civil Court, Mumbai, directing return of the plaint to the plaintiffs holding that the plaintiffs have appropriate remedy under Section 44 of the MRTP Act for retention of the structure and that the jurisdiction of the Court is ousted under Section 149 of the MRTP Act. Both the learned counsel for the applicants as well as the Municipal Corporation agree that the order may be set aside and the matter may be remanded back to the learned Judge for allowing the parties to raise 2 jurisdictional issue by appropriate pleadings and then to decide the issue by referring to the decision of this Court in Raja Bahadur Motilal Poona Mills Limited & Anr. v. The State of Maharashtra, reported in 2003 (1) BCR 251. In view of this, the revision application is allowed and the impugned order is quashed and set aside. The learned Judge shall allow the parties to raise appropriate pleadings on jurisdictional issue and then after framing appropriate issues, decide the same in the light of the observations made herein above. (R.C. CHAVAN, J.)