1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1527 OF 2010. Manohar J. Bhadade -: versus :- Smt. Madhuri Ramesh Walokar and others. 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 : JUNE 30, 2010. Heard Shri R.L. Khapre, learned counsel for petitioner/judgment debtor and Shri J.J. Chandurkar, learned counsel for respondents no.2 to 4. Contention of learned counsel for petitioner is that the suit house is established to be in Slum area notified under Section 108 of the Maharashtra Housing and Area Development Act, 1976. According to him because of this position Section 26[2] of the Provincial Small Cause Courts Act became applicable and hence, the Small Cause Court had no jurisdiction to pass a decree of his eviction. Shri Chandurkar, learned counsel contends that placement of suit structure in Slum Area itself has not been established. He has invited attention to the findings recorded by the Executing Court in this respect. Shri Khapre, learned counsel has tried to urge that in view of the sketch of Slum Area issued by the Slum 2 Authority of Nagpur Municipal Corporation, the 4 boundaries can be verified and when these 4 boundaries are compared with the notification, particularly the item at NGP-4 in relation to Ward No.34, this situation becomes clear. The Executing Court has found that the reference by petitioner is to Ward no.31. Perusal of the sketch map by me shows that at least three boundaries as given in notification can be ascertained. The consideration by the Executing Court therefore appears to be improper, as the said placement is not taken into account. Without observing more on the merits of the controversy, I find it proper to remit the matter back to the said Court to decide the controversy as to the placement of the said structure in Slum area. The Execution proceedings are pending in a suit which was decreed in the year 2005, hence the Executing Court shall attempt to decide the said controversy as early as possible and in any case by 15.07.2010. Parties to appear before the Executing Court on 05.07.2010 and to abide by its further directions in the matter. Rule accordingly. No costs. JUDGE Rgd.