JAGRUTIBEN Vs. NAYANABEN GORDHANBHAI PATEL

JUDGEMENT

(1.) The petitioners, partnership firms, through their partners have approached this Court under Article 227 of the Constitution of India challenging the order dated 6.2.2011 passed by learned Principal District Judge, Jamnagar in Civil Misc. Appeal No. 85 of 2009 and order dated 21.8.2009 passed by learned 4th Senior Civil Judge, Jamnagar in Regular Civil Suit No. 579 of 2008.

(2.) Facts in brief leading to filing this petition deserve to be set out as under:

(3.) Learned counsel for the petitioners has invited this Court's attention to the sale deed, where under the five shops came to be purchased. The court's attention was specifically invited to the covenant Nos. 23 and 24 and it was contended that simple reading of both, jointly or separately would, go to show that putting up of restaurant in the shops was not prohibited in any manner and plain reading of two provisions would imminently make it clear that putting up of restaurant is not prohibited so far as the covenant in respect of shops are concerned. The respondents did not have any right to bring action in the form of suit against petitioners. Learned counsel for the petitioners invited this court's attention to the fact that building in question is governed by The Gujarat Ownership of Flat Act 1973.