1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.10261/07 Managing Committee Gaur Vipra Sr. Secondary School Vs. Dharmendra Kumar Tiwari & Ors. Date of order : 7/2/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rishi Parashar for the petitioner. Shri C.P. Sharma for the respondent. ****** This writ petition is filed against the order dated 1.11.07 and 2.6.07. The Executing Court passed the order dated 2.6.07 directing thereby deduction of the amount payable to the respondent-decree holder out of the grant-in-aid received by it from the Government. Learned counsel for the petitioner has raised a limited grievance that when the matter was last listed before the Executing Court on 22.6.2007, the Presiding Officer was on leave and the 2 Reader of the Court in the presence of both the counsels fixed the date as 11.7.2007, but subsequently the date was changed to 29.5.2007 and he never came to know about this change of the date. When the matter was listed on 29.5.2007, it was in his absence adjourned to 1.6.2007 and thereafter on 2.6.2007, the aforesaid impugned order was passed in the absence of the petitioner. When the application was submitted by the petitioner for recalling of the aforesaid order citing the reasons aforementioned, the learned Executing Court rejected the application. Learned counsel for the respondents although during the course of arguments submitted that the date 11.7.07 was changed to 29.5.07 in the presence of the counsel for the petitioner, but he could not cite any such discussion from the order dated 1.11.2007 whereby application 3 for recalling of the order dated 2.6.07 filed by the petitioner was rejected by the learned Executing Court. In the facts of the case, I deem it appropriate that the learned Executing Court shall consider the entire matter afresh after giving opportunity of hearing to both the judgment debtor and the decree holder. While therefore setting aside the order dated 2.6.07 and 1.11.07, I remand the matter back to the learned Executing Court for deciding it afresh within two months from the date certified copy of the order is submitted. The writ petition is accordingly disposed of. (MOHAMMAD RAFIQ), J. RS/