VIJAYKUMAR Vs. MADHUKAR

JUDGEMENT

(1.) HEARD the learned advocate for the parties and perused the record.

(2.) RULE , rule made returnable forthwith and heard finally by consent of the parties.

(3.) UNDISPUTEDLY , pursuant to the decree of eviction of the petitioners having obtained, the respondent filed execution proceedings in the Court of Civil Judge, Senior Division at Ahmednagar . On service of notice thereof, the petitioners raised various objections under Section 47 of the Code of Civil Procedure. One of the objections was regarding the jurisdiction of Civil Judge, Senior Division, to proceed with matter. A bare perusal of the orders passed by the Courts below disclose that both the courts proceeded to dispose of the application under Section 47 of Code of Civil Procedure, without properly addressing to the issue of jurisdiction to entertain and deal with the execution proceedings relating to the eviction decree under the said Act.