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,