1 WP No.5046/01 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5046 of 2001 Panchgani Hill Station Municipal Council ... Petitioner versus Cyrus G. Mazkoori and others ... Respondents ... Mr. Prafulla B. Shah for the petitioner. CORAM : D.G. KARNIK, J DATED : 9th August 2011 P.C. 1. The respondents filed a suit against the petitioner Municipal Council and the neighboring owner who allegedly had carried out the illegal construction. He prayed for mandatory injunction for demolition of the construction. Petitioner municipal council made an application for framing of a preliminary issue regarding the jurisdiction. The trial court framed the issue of jurisdiction and by its order dated 5 October 2010 allowed the application and directed that the plaint be returned for presentation to the proper court. Aggrieved by the decision, respondent filed Miscellaneous Appeal No.219 of 2000 in the District Court. The District Court allowed the appeal and set aside the decision of the trial court holding that the civil court had the jurisdiction to entertain and try the suit. That order is impugned in the present petition. 2 WP No.5046/01 2. Counsel for the petitioner submitted that under the Maharashtra Regional Town Planning Act, the suit was not maintainable. When asked to show the relevant provision under which the jurisdiction of Civil Court was barred, learned counsel submitted that he was unable to point out any provision of the MRTP Act which bars the jurisdiction of the Civil Court to try the suit of the nature of the present suit. There is no merit in the writ petition which is hereby rejected. (D.G.KARNIK, J)