IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12667 of 2010 1. GORE LAL S/O LATE MAHESHWAR SINGH R/O VILL.- FATEHPUR, P.S.- FATEHPUR, DISTT.- GAYA Versus 1. KANHAIYA LAL GUPTA S/O LATE LAXMI NARAYAN GUPTA R/O VILL.- FATEHPUR, P.O. AND P.S.- FATEHPUR, DISTT.- GAYA ----------- 02. 09.12.2010 Heard learned counsel for the petitioner. The petitioner is aggrieved by the order dated 1.5.2010 passed by the Court of Execution Munsif, Gaya in Execution Case No. 24 of 2008. Learned counsel submits that a bare perusal of the impugned order shows that no objections in accordance with law had been raised by the judgment debtor in his application as to why he was obstructing and resisting the execution of the decree to enable the petitioner to meet the same. In absence of any petition being filed by the judgment debtor setting out the grounds for resisting the execution of the decree, it was not possible for the petitioner to answer it by any rejoinder. The order dated 1.5.2010 therefore suffers from complete application of mind when it directs the petitioner to file a rejoinder. The Court has perused the order dated 1.5.2010. The judgment debtor only urges that it was mandatory to make an enquiry under Section 74 and Order 21 Rule 97 before execution of the decree. If he 2 had resisted execution, it was him to file a proper application raising necessary facts and provisions of law why he was resisting execution. In absence of any such objection raised in accordance with law the stay of the execution proceedings may not be sustainable. There is no occasion for the petitioner to file any rejoinder to the petition which does not raise any issue to answer. The order dated 1.05.2010 is set aside and matter is remanded to the Execution Court to pass a fresh reasoned and speaking order on the basis of materials already available on the record within a maximum period of six weeks from the date of receipt/production of a copy of this order. The application stands disposed. P.K. ( Navin Sinha, J.)