GULAM MAIYUDDIN FAKIR MAHMAD Vs. HASEENABIBI JAMALJI CHAKTACHETWALA

JUDGEMENT

(1.) Rule. Learned Advocate Mr. Manish S. Shah appearing for the respondent waives service of notice of rule on behalf of the respondent. Considering the urgency involved in the matter, the matter is taken up for final hearing.

(2.) The petitioners who are the original plaintiffs have filed this petition under Article 227 of the Constitution of India challenging order dated 11.1.2013 passed by the learned Judge, Small Cause Court No. 10, Ahmedabad below Exh. 26 in HRP Suit No. 1180 of 2010 whereby the learned Judge rejected the application made by the petitioners seeking permission to carry out repairing work in the suit premises.

(3.) The facts as could be noticed from the petition are that the petitioners are tenants of the suit premises belonging to the respondent herein. In the suit premises, the petitioners are running flour mill. Since the petitioners apprehended that the respondent would forcibly take away possession of the suit premises without following due process, the suit is filed for permanent injunction restraining the respondent from taking away possession of the suit premise without following due procedure of law.