: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1213 OF 2009 Madhukar Govind Sawant .. Appellant V/s. Municipal Corporation of Greater Bombay, Mumbai .. Respondents Mr. V.S. Kapse for the Appellant. Mr. J.J. Xavier for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 18 TH SEPTEMBER, 2009. P.C.: 1. The First Appeal has been filed against the judgment and order dated 17th December, 2008 passed by the City Civil Court, Bombay, in L.C. Suit No. 225 of 2002. The plaintiff i.e. the appellant herein had filed the suit for grant of permanent injunction in respect of the suit premises as this was the substantive prayer in the suit. The other prayers are in respect of interim reliefs. 2. It is common ground that the plaintiff- appellant has received the notice issued under : 2 : Section 55 of the Maharashtra Regional Town Planning Act. Therefore, the due process of law for dispossessing the plaintiff-appellant has commenced. The trial court has rightly dismissed the suit as in fact it had become infructuous in view of the issuance of the notice under Section 55 of the Maharashtra Regional Town Planning Act. 3. The First Appeal is dismissed. .......