IN THE COURT OF JUDGE, CITY CIVIL COURT AT BOMBAY S.C. ...

19SC Suit No. 2572 of 2005by Architect to Government to the Soona Mahal CHS Limited,permission granted for covering front open space waspurported to be revoked and by the letter dated 5.7.1978 theCollector cancelled the said permission, which are at Exh. 41collectively.17. Kantilal Sethia(PW 1) further deposed that by letter dated21.7.1978 the concerned Ward Officer of A­ Ward addressed aletter to Collector that the concerned ward officer being onleave, action will be taken against plaintiff after he resumedduty. The said letter is at Exh.25.18. On 17.10.1980 defendant issued notice U/Sec. 351 of MMCAct. Plaintiff filed suit bearing No. 1530/1981 and obtainedinterim injunction on 15.4.1983 restraining defendant frompulling down the awning and the enclosures of the open space.The said order is at Exh.11.19. On 4.9.1985 defendant granted permission to the plaintiffto carry out repairs to the existing metal awning which gotcorroded. In pursuance to the said permission, plaintiffwithdrew Suit No. 1530/1981. The said permission is at Exh.12.The plaintiff also produced the copies of letters dated 8.11.1985,28.11.1985 and from plaintiff to Senior Ward officer of BMC.They are at Exh. 13 and 45. The plaintiff also produced circularof the defendant dated 10.3.1971, 17.5.1972 and 26.4.1976 ,