1 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2209 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri S.R. Page for the Petitioners. -- CORAM : A.S.OKA, J. DATE : 26TH MARCH, 2010 P.C.: . By this Writ Petition under Article 227 of the Constitution of India, the Plaintiffs-decree holders have challenged an order dated 30th October, 2009 passed by the Executing Court. The Petitioners are executing a decree for possession. The Respondent-judgment debtor raised various objections to the executability of the decree including an objection that the concerned area has been declared as a slum area. By the impugned order, the Executing Court has permitted the Respondent- judgment debtor to adduce evidence. In view of the mandate of Section 47 of the Code of Civil Procedure, 2 1908, the issues raised by the Judgment Debtor regarding executability of the decree will have to be decided in the execution application. Therefore, no fault can be found with the impugned order by which the Respondent-Judgment Debtor has been permitted to adduce evidence. It is obvious that even the Petitioners will be entitled to adduce evidence in rebuttal. 2. The adjudication contemplated by Section 47 of the said Code shall be concluded as expeditiously as possible. 3. Subject to what is observed above, the Writ Petition is rejected. (A.S.OKA, J)