IN THE HIGH COURT OF BOMBAY AT GOA APPEAL FROM ORDER NO. 38 OF 2010 SAMEER ANWAR MERCHANT ... Appellant Versus ANAND GANPAT DESAI ALIAS ANANDARAU DESSAI AND ANR., ... Respondents Mr. V. A. Lawande, advocate for the appellant. Mr. Nigel Da Costa Frias,advocate for the respondents For Res. 1 & 2. Coram:- A. P. LAVANDE, J. Date:- 25th February, 2011 P.C: Heard Mr. Lawande, learned counsel for the appellant and Mr.Costs Frias, learned cousnel for the respondents. This appeal is preferred against the order dated 31/3/2008 passed by the Civil Judge Senior Division "C" Court, Mapusa in Special Civil Suit No.33/2007/C by which an application for injunction filed by the appellant who is the plaintiff in the said suit is dismissed. The plaintiff sought injunction restraining the defendants from creating third party rights and/or transferring/alienating/disposing off the suit property. As stated above, the application was dismissed by the trial Court. During the course of hearing of the appeal, Mr. Costa Frias, learned counsel for the respondents has placed on record copy of the sale deed executed by the respondents by which the suit property has been sold to M/s AA Walker,a partnership firm by sale deed dated 30/3/2007. The respondent has also placed on record a copy of the agreement dated 30/3/2010 by which the appellant herein has entered into a agreement with AA Walker in respect of the suit property. In view of the above it is evident that after entering into agreement with the proprietor of the suit property the appellant continued to pursue his remedy of appeal against the impugned order without disclosing to this Court that he had entered into an agreement with the transferee of the suit property. This clearly amounts to suppression of the facts from this Court by the appellant. It is only after the respondent placed on record copy of the agreement and the sale deed that Mr. Lawande sought time and took instructions from the appellant and only thereafter conceded that the appellant had entered into an agreement with the transferee. Therefore, I am not inclined to entertain the appeal at the instance of the appellant who has himself entered into agreement with the transferee. Considering the facts and circumstances, I deem it appropriate to award exemplary costs on the appellant for suppression of the relevant facts from this Court. The appellant is directed to pay costs of Rs.10,000/- (Rupees ten thousand only) in favour of Goa State Legal Services Authority. The costs shall be condition precedent to pursue the suit. The costs shall be deposited within a period of four weeks from today. The appeal stands disposed of. A. P. LAVANDE, J. ap/-