1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.3015 of 2008. Managing Committee, Gaur Vipra Primary School, Jaipur & Anr. VERSUS Civil Judge (Junior Division) & Judicial Magistrate, 1st Class, Jaipur City (East) Jaipur and Others Date of Judgment :::: 13/08/2009 Hon'ble Mr. Justice Dalip Singh Mr. V.D. Sharma, Advocate, for Mr. Ashok Gaur, Counsel for the Petitioners Mr. C.P. Sharma, Advocate, for Mr. Man Singh Gupta, Counsel for the Respondents Per Court : Heard learned counsel for the parties. In this writ petition, the petitioners have challenged the order dated 16.01.2008 (Annexure-7) by which the application submitted by the petitioner judgment-debtor dated 29.09.2007 for setting aside the order passed ex-parte on 23.03.2006 and 24.03.2006 were prayed to be set aside. The learned Executing Court held that the service was affected by substituted service by affixation of the notices 2 on the institution of the judgment-debtor on 25.02.2006. Without going into the details or merits as to whether or not the service was sufficient, as held by the learned Executing Court, in the interest of justice, I deem just and proper to afford one more opportunity to the judgment-debtor to appear before the learned Executing Court and submit objections, if any to the exeuction application, filed by the non- petitioner. Accordingly, the writ petition is allowed. The impugned order dated 16.01.2008 (Annexure-7) is set aside. The parties are directed to appear before the learned Executing Court on 24.08.2009. It would be open for the judgment-debtor petitioner to submit objections, if any, to the execution application before the learned Executing Court on the said date. The aforesaid opportunity is being granted on the condition of the payment of costs of Rs.2000/- to the respondent-non-petitioners-decree- holder. Before this Court while admitting the petition, an interim order had been passed on 29.07.2008 and the operation of the impugned order had been stayed on the condition that in case the petitioners deposit an amount of Rs.50,000/-, the said 3 order would remain stayed. It is submitted that in pursuance of the aforesaid order dated 29.07.2008, an amount of Rs.50,000/- has been deposited with the learned Executing Court by the petitioner, since the deposit in Court is of no benefit to any of the parties in the facts and circumstances of this case, it is, hereby, directed that the learned Executing Court would release the amount of Rs.50,000/- lying in deposit with it to the petitioner immediately to the non-petitioner, on his submitting a solvent security for the same before the learned Executing Court for the restitution of the same. Subject to the above, the writ petition stands disposed of. (Dalip Singh) J. ashok/