CMP MO 216 of 2006 20.8.2008 Present: Shri R.P. Singh, Advocate, for petitioner. Shri N.K. Thakur, Advocate, for respondents No.2 and 3. Shri Ajay Sharma, Advocate, for respondent No.4. The first grievance made by learned counsel appearing for petitioner is that the learned trial Court has passed an order under Order 21 Rule 41 (2) of the Code of Civil Procedure without complying the provisions of Order 21 Rule 64 of the Code of Civil Procedure. This contention cannot be accepted and is rejected as it has no justification in law. The second contention raised is that no order can be passed unless an application is filed by the Decree Holder. It will be open to the Decree holder to move an application under Order 21 Rule 41 of the Code of Civil Procedure and as and when such an application is filed, the Judgment Debtor shall comply with the orders passed. This petition is disposed of accordingly. There shall be no order as to costs. All interim orders shall stand vacated. The record of the executing Court be sent back immediately. The parties to appear before the learned executing Court on 5th September, 2008. The Registry shall ensure that record of the Executing Court shall reach on or before that day. A direction is issued to trial Court to proceed with expedition. August 20,2008(ms) (Dev Darshan Sud), J.