[2025:RJ-JP:1725] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2745/2011 1. Mangelal S/o Sh. Ganesh age about 50 years 2. Omprakash S/o Sh. Ganesh age about 45 years 3. Mst. Surjan widow of Sh. Ganesh age about 75 years 4. Radheshyam S/o Sh. Ganesh age about 35 years. 5. Mst. Munnu W/o Sh. Polya age about 66 years. 6. Bhagwan S/o Sh. Polya age about 31 years. 7. Mola S/o Sh. Polya age about 20 years All residents of station road Rajgarh Karoth, Tehsil Rajgarh, Distt. Alwar. ----Petitioners Versus 1. Civil Judge (Junior Division) Rajgarh Alwar, Distt. Alwar. 2. Kalurum S/o Sh. Nondaram 3. Smt. Revri W/o Sh. Pooran 4. Lazminarain S/o Sh. Pooran 5. Girraj S/o Sh. Pooran age about 15 yrs. Through mother Mst. Reveri. 6. Smt. Sunita D/o Sh. Pooran 7. Smt. Moti D/o Sh. Pooran 8. Mst. Shyani W/o Kalian (D/o Nonda Ram) 9. Mst. Rupta W/o Bhagwan Sahai (D/o Nonda Ram) 10. Mst. Prem D/o Revad Ram 11. Mst. Puni D/o Revad Ram All R/o station road Rajgarh Karoth, Tehsil Rajgarh, Distt. Alwar. 12. Idea Tele communication Ltd. 12 Jai Jawan Colony Tonk Road Jaipur. 13. Mst. Pappu D/o Shri. Polya. 14. Beena D/o Sh. Polya Both resident of station road Rajgarh Karoth, Tehsil Rajgarh, Distt. Alwar. ----Respondents For Petitioner(s) : Mr. Manish Gupta, Adv. For Respondent(s) : Mr. Sunil Kumar Singodiya, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA [2025:RJ-JP:1725] (2 of 3) [CW-2745/2011] Order 10/01/2025 This civil writ petition has been filed by the petitioners- defendants (for short ‘the defendants’) against the order dated 01.05.2009 passed by the Civil Judge (Jr. Division) Rajgarh, Alwar in civil suit No.139/08 whereby ex parte proceedings have been drawn against the defendants and defendants’ opportunity to file written statement has been closed. Learned counsel for the defendants submits that the respondents-plaintiffs (for short ‘the plaintiffs’) filed a suit for mandatory injunction wherein the summons were issued on 12.12.08. The defendants put in appearance through their counsel before the trial court on 09.01.2009. Due to unavoidable circumstances, on 01.05.2009 none had appeared on behalf of the defendants, therefore ex parte proceedings were drawn against them and the trial court closed the defendants’ opportunity to file the written statement. He has prayed that the order dated 01.05.2009 passed by the trial court be set aside and the defendants may be granted an opportunity to file the written statement. Learned counsel for the plaintiffs has opposed the same. Heard learned counsel for the parties and perused the relevant material on record. Taking into consideration the facts and circumstances of the case, in the interest of justice I deem it just and proper to grant an opportunity to defendants to file the written statement. Accordingly, the petition is allowed and the order dated 01.05.2009 passed by the trial court is set aside and trial court is [2025:RJ-JP:1725] (3 of 3) [CW-2745/2011] directed to grant an opportunity to the defendants to file written statement, subject to payment of cost of Rs.5,000/- by the defendants to the plaintiffs on or before the next date of hearing. In view of the fact that, the suit was filed in the year 2008 and more than 16 years have been passed. Trial court shall grant only an opportunity to the defendants to file the written statement. Pending application(s), if any, stand(s), disposed of. (NARENDRA SINGH DHADDHA),J AVINASH GULERIA /278