AMBALAL CHUNILAL SHAH Vs. KIRITKUMAR JAYANTILAL SHAH

JUDGEMENT

(1.) LEAVE to amend the memorandum of the petition is granted.

(2.) RULE . Mr. B.S. Patel, the learned Counsel waives service of notice of Rule for the Respondent No. 1, who is the main contesting respondent. The other respondents have been served but none appears, on their behalf.

(3.) THE brief facts of the case are that the petitioner, who is the original defendant No. 1, is a tenant residing on the ground floor of the suit premises. The Respondent No. 1 is the landlord and the original plaintiff, and respondents Nos. 2 to 6 are the original defendants Nos. 2 to 6. The suit being Rent Suit No. 146 of 2006, has been filed by the Respondent No. 1, inter alia for declaration and grant of permanent injunction, restraining the petitioner as well as his agents and servants from interfering with the repair work to be carried in the suit premises, excluding the portion occupied by the petitioner, which are in a dilapidated condition. Along with the suit, the Respondent No. 1 filed an application at Exh. 5, for grant of temporary injunction. The said application was dismissed by order dated 23.5.2008, of the Trial Court. Aggrieved thereby, the Respondent No. 1 preferred an appeal, being Misc. Civil Appeal No. 92 of 2008, which has been allowed by the District Court by passing the impugned order, hence the petition.