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

31SC Suit No. 2572 of 2005on the part of either party to suppress material facts woulddis­entitled such party for getting such relief”. Relying on thisruling he submitted that the plaintiff suppressed the fact thatthe order of the Collector, Mumbai has been challenged andstay has been granted.However, in my candid opinion whenthe defendant has knowledge of this order as could be seenfrom the notice itself, he could have verified the same and thereis no question of suppression by the plaintiff. Moreover, thecourt is deciding the matter on merits. Therefore, I do not findthat the ruling will come in the way of plaintiff in any manner.Hence, in the peculiar circumstances, unless the permission isrevoked by the Government, the action of defendant/ BMC ispremature.36. Hence, the plaintiff is entitled to the declaration as well asthe injunction sought for by him to protect the suit structure tillappropriate action is initiated by the authorities. Hence, Irecord my findings in favour of the plaintiff and pass followingorder:­ORDER1) The suit is decreed in terms of prayer clause 'a' and 'b'together with costs.2) Decree be drawn up accordingly.