[2025:RJ-JP:43852] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4700/2025 Kapil Maheshwari S/o Banshidhar Maheshwari, Aged About 39 Years, R/o House No. B-165, Basant Bahar Colony, Gopalpura Pulia, Tonk Road Jaipur ----Appellant/Defendant Versus 1. Smt. Kamla Jamad W/o Nirmal Kumar Jamad, Aged About 73 Years, R/o House No. 2/175, Sector No.2, Bharat Mata Lane, Jawahar Nagar, Jaipur 2. Smt. Pragya W/o Ritesh Surana, Aged About 48 Years, R/ o B-239, Janta Colony, Jaipur-302004 3. Smt. Tanvi Bardiya W/o Anoop Bardiya, Aged About 46 Years, R/o 145, Vrandawan Colony, Satya Nagar, Khatipura Road, Jhotwara, Jaipur-302012 4. Smt. Vibha Tarawat W/o Vinod Tarawat, Aged About 45 Years, R/o 18/16, Priyanan Nagar, T.v.s. Nagar, Thadagam Road, Kayambtoor-64038 5. Smt. Nidhi Singhvi W/o Hardik Singhavi, Aged About 39 Years, R/o C-705, Rediyance Ampiyar, Paramboor, Chennai-600011 ----Respondents/Plaintiffs For Appellant(s) : Mr. R.S. Bhardwaj with Mr. Sachin Kumar Bhardwaj For Respondent(s) : Mr. Usman Khan (as Caveator) HON'BLE MR. JUSTICE MANEESH SHARMA Judgment 01/11/2025 1. The present Civil Misc. Appeal has been filed by the appellant assailing the order dated 09.09.2025 passed by the Additional District Judge No.5, Jaipur Metropolitan-I in Civil Misc. Application No.46/2024 (CIS No.415/2024) whereby the appellant’s [2025:RJ-JP:43852] (2 of 3) [CMA-4700/2025] application under Order 9 Rule 13 of the CPC for setting aside the ex-parte decree dated 29.02.2024 has been rejected. 2. Mr. Usman Khan, learned counsel, appearing as caveator, accepts notice on behalf of the respondents. 3. At the outset, during the course of arguments, parties to the appeal are ad idem that the impugned order dated 09.09.2025 as well as the ex-parte decree dated 29.02.2024 may be set aside, subject to payment of cost of Rs.20,000/- by the appellant, with a prayer that the learned Trial Court may kindly be directed to decide the Civil Suit No. 11/2023 (CIS No.196/2023) afresh, within a period of one year. 4. Heard. 5. On the basis of consensus arrived between the parties, the present civil misc. appeal is allowed, the impugned order dated 09.09.2025 and the ex-parte decree dated 29.02.2024 are set aside, the application filed by the appellant under Order 9 Rule 13 of the CPC is allowed; provided the appellant deposits cost of Rs.20,000/- with the Trial Court on the next date fixed i.e. on 11.11.2025. 6. The parties are directed to appear before the learned Trial Court on 11.11.2025. 7. The learned Trial Court is directed to provide the appellant with a copy of the plaint, and an opportunity to file a written statement; and then decide the Civil Suit No.11/2023 (CIS No.196/2023) afresh on merits within a period of eighteen (18) months from the date of receiving certified copy of this order. 8. Accordingly, this civil misc. appeal is allowed, with the aforesaid directions. [2025:RJ-JP:43852] (3 of 3) [CMA-4700/2025] 9. Other pending application(s), if any, stand disposed of. (MANEESH SHARMA),J Sudha/12