1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5404 OF 2008 Manohar Janardan Bhadade Vs. Bhaskar Ganpat Walokar & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders CORAM: C. L. PANGARKAR J. Dated: 16 th JUNE, 2009. Heard. This Writ Petition has been filed by the original defendant-judgment debtor against the order passed by the Civil Judge whereby he rejected the application to summon the witness. Respondent had instituted a suit against the petitioner for ejectment. Said suit came to be decreed. After the decree was passed, it was put to execution. 2 Warrant was issued. The petitioner raised an objection before the executing Court saying that the house falls within slum area. The Court had allowed the parties to tender evidence inasmuch as affidavit of the petitioner and the respondent was taken on record. Petitioner was subjected to cross examine . Petitioner has stated in the cross examination that he has not filed any document on record showing that the house falls within the slum area as is mentioned in para 4 of affidavit. Since the learned Judge found that there was such an admission there was no need to summon the witness. I have heard the learned counsel for the petitioner and the respondent. Petitioner’s counsel submits that the question as to whether the house falls within slum area is a question of law and therefore can be raised in the writ petition by the petitioner. There cannot be any doubt that any question of law can be raised in the writ petition. However the question as to whether particular house falls within slum area or not is a question of fact and not question of law. Same question having not been raised in the suit cannot be raised in writ petition for the first time and this proposition is laid down in a case reported in Bhaurao Govindrao Mulak Vs. 3 Savitribai wd/o Pralhadprasad Jaiswal and Others 1991 Maharashtra Law Journal 136. In view of this I do not find that there is any need to interfere with the order passed by the learned Judge. Writ Petition is dismissed in limine. JUDGE svk 4 5 6