1 wp9721.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.9721 OF 2010 Smt.Bindu Champaklal Zaveri & Anr. ...Petitioners vs. The Amarkunj Co-op. Housing Society Limited ...Respondent Mr.Deepak Lulia for the petitioners Mr.Manohar Ganoo for the respondent CORAM :A.S.OKA,J. DATE :DECEMBER 20,2010 P.C. 1 Heard the learned counsel for the petitioners. The petitioners are claiming right to display advertisement hoardings on a building. A suit filed by the petitioners for declaration of tenancy has been returned by the Court of Small Causes to the petitioners for presentation to appropriate Court on the ground that the suit premises cannot be termed as premises within the meaning of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947. In an appeal preferred by the petitioners against the order of return of plaint, relief of temporary injunction was claimed by the petitioners which has been rejected by the impugned order. 2 The learned counsel for the petitioners submitted that the settled position of law is that the petitioners cannot be dispossessed by the respondent without following due process of law. 3 There is a finding recorded by the trial Court that 2 wp9721.sxw the alleged premises in respect of which the suit is filed is not the premises within the meaning of said Act of 1947. Similar prima facie finding has been recorded by the Appeal Bench by the impugned order. 4 Prima facie, it appears to me that the only right claimed by the petitioners is the right to display the advertisement hoardings. Hence, it is not possible to interfere with the discretionary order passed by the Appeal Court by which discreationary and equitable relief of temporary injunction was denied to the petitioners. Writ petition is rejected. 5 All contentions of the parties on merit of the pending appeal are kept open. JUDGE