JUDGMENT :

S.R. Brahmbhatt, J.

The petitioners, partnership firms, through their partners have approached this Court under Art. 227 of the Constitution of India challenging the order dated 6-2-2011 passed by learned Principal District Judge, Jamnagar in Misc. Civil 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 :

One Gulab Avenue Condominium has constructed residence-cum-shopping complex in the name of ‘Gulab Avenue'. The building facing the road has five shops in the ground floor. The shops and flats are part of the same condominium. The construction is situated within the jurisdiction of Jamnagar Area Development Authority (‘JADA' for short) constituted under the Gujarat Town Planning and Urban Development Act, 1976. The area, wherein the building is situated is declared to be residential zone under the General Development Control Regulations (‘G.D.C.R.' for short), wherein running restaurants is not impermissible. The petitioner No. 1 purchased five shops by investing substantial amount for starting a restaurant, as a part of chain, of restaurants. The respondent Nos. 1 to 4, members of said condominium filed Regular Civil Suit No. 579 of 2008 for various relief as they were aggrieved on account of proposed restaurant coming up in five shops purchased by petitioner No. 1. The petitioner No. 1 has purchased those five shops by two different registered sale-deeds executed on 29-8-2008 and 28-11-2008. The petitioner No. 1 while purchasing those shops had brought it to the notice of the developer-builder that the petitioners were interested in starting restaurant and one of the partners of the developer firm has also purchased a flat in the said scheme. As per G.D.C.R. and J.A.D.A. running of restaurant in the residential zone is permissible. The running of restaurant shall not cause either any pollution or nuisance, whatsoever, which would have justified the objections on the part of the residents and owners of fiats. It is averred in the memo of the petition that some of the defendants brought one Regular Civil Suit No. 552 of 2008 in the Court of the learned Principal Senior Civil Judge, Jamnagar on 27-10-2008. The President of Gulab Avenue condominium filed a criminal complaint against present petitioners and the builder before the Jamnagar City ‘B' Division Police Station, which was registered as C.R. No. (I) 20 of 2009. The petitioners thereafter were compelled to file petition under Section 482 of the Code of Criminal Procedure being Misc. Criminal Application No. 665 of 2009, wherein, the further inquiry pursuant to said F.I.R. is stayed. That many of the flat holders had extended the boundaries of their fiat and/or had covered their balconies and had removed the partition walls with a view to extend the boundary of the room to which the gallery or balcony is attached and as this action was contrary to the provisions of law and J.A.D.A., the petitioners made appropriate complaints to the authorities for taking action and pursuant thereto, initial actions were taken and thereafter, the petitioners had filed petition against respondent authorities and other flat owners. The Civil Court passed an order dated 21-8-2009 ordering status quo, whereby, the petitioners were restrained from putting up restaurant in the premises. This order was carried into appeal by present petitioners by way of Misc. Civil Appeal No. 85 of 2009 before the District Court, Jamnagar, wherein, the appellate Court vide its order dated 6-2-2010 dismissed the same and confirmed the order dated 21-8-2009 passed in Regular Civil Suit No. 579 of 2009 below Exh. 5 by learned 4th Additional Senior Civil Judge, Jamnagar. Being aggrieved and dissatisfied with these two orders, present petition is preferred on the grounds mentioned in the memo of petition.

3. Learned Counsel for the petitioners