GOMTIBEN PRAHLADBHAI PATEL Vs. TARABEN JAYANTILAL SHAH

JUDGEMENT

(1.) SINCE both these petitions are arising out of the same proceedings and since they are heard together, the same are being disposed of by this common judgment and order.

(2.) THE petitioners of Special Civil Application No. 11562 of 2004 are the original defendants in HRP Suit No. 1390 of 1999 and the petitioners of Special Civil Application No. 13707 of 2004 are the original plaintiffs of HRP Suit No. 1390 of 1999. The parties in these petitions are now known as original plaintiffs and original defendants.

(3.) THE plaintiffs filed suit for permanent injunction and declaration that the defendant No. 3 has no right to surrender possession of the suit premises to the defendant Nos. 1 and 2. The plaintiffs also filed application Exh. 5 restraining the defendants from taking possession of the suit premises forcibly from the plaintiffs alleging that the plaintiffs are common tenant of one room, kitchen, Osri room and Orda portion of the suit premises wherein the plaintiffs are running their business. Thereafter, application Exh. 29 was also filed. Both these applications were heard together and the learned Trial Judge vide his order dated 15. 02. 2000 allowed application Exh. 29 and application Exh. 5 whereby earlier order of status-quo was modified and the defendants were restrained from taking possession of the suit premises forcibly from the plaintiffs of one room, kitchen, Osri room and Orda portion of the suit premises without due process of law and till the final disposal of the suit.