1. The revisionary jurisdiction of this Court under Section 115 of the Code of Civil Procedure is invoked against the order dated 22/3/2013 passed by the learned Judge of the City Civil Court, (Borivali Division), Dindoshi thereby adjudicating upon the preliminary issue which is to the following effect:

“Whether the suit is not maintainable, the jurisdiction of the Court being ousted by virtue of Section 149 of the Maharashtra Regional Town Planning Act, 1966?

2. The factual matrix involved in the above Civil Revision Application can be stated thus:

At the outset it would be necessary to describe the parties to the Civil Revision Application. The Applicant herein is the original Defendant No.2 to the suit; Respondent No.1 herein is the original Plaintiff and the Respondent No.2 is the original Defendant No.1 to the suit. The Maharashtra Regional and Town Planning Act would be referred to hereinafter as the “MRTP Act”. The case of the Plaintiff is that by an Agreement of Sale dated 5/6/1982 between the Plaintiff and one Oriental Developers, the Plaintiff purchased a residential premises being Flat No.2 on the ground of the building now known as Wahedna Apartment, situated at 7