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2022 Supreme(Guj) 504

ASHOKKUMAR C.JOSHI
SHIV GARMENT – Appellant
Versus
SURYABEN KANTILAL MEHTA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: N.S. SHETH.
For the Respondent: R.C. JANI.

JUDGMENT :

ASHOKKUMAR C. JOSHI, J.

1. The Petitioner/Original Plaintiff has preferred the present Petition under Articles 14 and 227 of the Constitution of India, challenging the order passed by the learned Chamber Judge, Court No. 22, City Civil Court, Ahmedabad (hereinafter referred to as “the learned Judge”) below Application Exh.48 in Civil Suit No. 1224 of 2015, whereby the learned Judge has rejected the Application Exh.48 of the Petitioner/Original Plaintiff, whereby the Petitioner/Original Plaintiff has prayed for necessary repairs in the suit property.

2. The facts leading rise to the present Petition in nutshell are that the petitioner is the Original Plaintiff and the Respondents are the Original Defendants in Civil Suit No. 1224 of 2015, which is filed for permitting repairs in the property situated at Godown No. 58, Balaji Estate, Narol, Isanpur, Ahmedabad of which the owners are the Respondents/ Original Defendants. The said property was taken on rent in the year 2003. The Petitioner is doing the business of selling readymade garments from the suit property. That the portion of suit premises is broken and would likely to cause injuries. The Petitioner is the tenant of the

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