1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 3386/2010. Jain Enterprises and another. -: VERSUS :- Sadruddin Jivabhai Jafari and another. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JULY 26, 2010. Heard Shri R.K. Borkar, learned counsel for petitioners/defendant and Shri A. Vastani with Shri D.V. Mahajan, learned counsel for respondent no.1/caveator. Objection raised by petitioners in execution to the decree of eviction has been rejected by the Civil Judge, Senior Division, Gondia vide the impugned order. Shri Borkar, learned counsel for petitioners states that Court erred in holding that the issue is concluded by the Division Bench judgment of this Court reported at AIR 1981 Bombay 430 (Smt. Savitribai and another .vrs. Vithal Hari Petkar). According to him, that judgment considers the administrative 2 side of the Court hierarchy and not the emphasis on jurisdiction conferred by the legislation. He points out that Section 33 of the Maharashtra Rent Control Act, 1999 is very specific and legislature has primarily empowered the court of Civil Judge, Junior Division in it. According to him, this is highlighted by the further provisions, which states that only in absence of that Court, the Court of Civil Judge, Senior Division will have the jurisdiction. Shri Vastani, learned counsel states that such distinction is not available and provisions considered by the Division Bench and present Section 33 are identically worded. He further states that the judgment of Hon'ble Division Bench is a binding precedent, in so far as this Court is concerned. After hearing both the counsel, I find that the Division Bench of this Court has considered the provisions which are identically worded and hence, I am not inclined to appreciate the arguments of Shri Borkar, learned counsel for petitioner. Writ Petition is therefore, dismissed with no order as to costs. JUDGE Rgd.