1. This appeal takes an exception to the Judgment and Order dated 16th April 2014 passed by the City Civil Court, Mumbai in L.C. Suit No.1717 of 2013. By the impugned order, Trial Court has rejected the plaint on the count that jurisdiction to entertain the same is barred, in pursuance of Section 149 of Maharashtra Regional and Town Planning Act, 1966, (for short “the MRTP Act”). Needless to state that, appellant-original plaintiff is aggrieved by the order.

2. Brief facts of the appeal are to the effect that the appellant is the owner of Shop No.2, situate in Rajdoot Co-operative Housing Society, 57, Linking Road, Khar (West), Mumbai - 400052. He has purchased the said shop from the Builder, namely, M/s. Ankur Developers, by virtue of an agreement dated 9th December 2010. Since the purchase of the said shop, the appellant is carrying on his business activities therein, after obtaining requisite permissions and licenses from the respondent- Municipal Corporation.

3. On 17th May 2013, the respondent-Municipal Corporation served on the appellant the notice dated 7th May 2013, issued under Section 53(1) of the MRTP Act. By the said notice, the appellant was informed about cert