-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION APPEAL APPEAL APPEAL FROM ORDER NO.394 OF 2007 FROM ORDER NO.394 OF 2007 FROM ORDER NO.394 OF 2007 Almas Miya Yusuf Ali ...Appellant vs. Municipal Corporation for Greater Mumbai and others ...Respondents Mr.Virendra T. Dubey for the Appellant Ms Geeta Jogalekar for Respondents CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : JUNE 4, 2007. : JUNE 4, 2007. : JUNE 4, 2007. P.C.: P.C.: P.C.: 1. Heard Advocates for the parties. The Appellant is the original Plaintiff. The challenge in the suit filed by the Appellant is to the notice under section 55 of the Maharashtra Regional and Town Planning Act,1966. In view of the settled position of law, the suit is not maintainable and therefore, the learned Advocate for the Appellant seeks permission to withdraw the suit with liberty to file appropriate proceeding for challenging the notice under section 55 of the said Act of 1966. He seeks a limited protection to enable him to take appropriate steps. 2. Hence, I pass the following order : i) L.C.Suit No.1675 of 2007 is dismissed as withdrawn with liberty to the Appellant to take out appropriate -2- proceeding for challenging the notice under section 55 of the said Act of 1966. ii) The learned Trial Judge will pass a formal order in the suit in terms of this order. iii) In view of what is stated aforestated, this Appeal does not survive and the same is disposed of. iv) For a period of four weeks from today, both the parties will maintain status quo as of today in all respects in respect of the suit structure subject matter of the suit notice dated 16th April 2007. v) A limited protection is granted to the Appellant only with the view to enable him to take out appropriate proceeding. vi) All contentions of the parties on merits are expressly kept open. vii) Parties to act upon an authenticated copy of this order. JUDGE JUDGE JUDGE