[2025:RJ-JP:5014] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1919/2025 Shri Bhawani Shankar Tiwari S/o Late Shri Devi Prasad Tiwari, Aged About 60 Years, R/o Rajendra Aushadhalaya Ke Samne, Rani Sati Road, Sikar. ----Petitioner Versus 1. Balram Jhakhad S/o Shri Kesharam, Aged About 34 Years, R/o Vilage Kadma Ka Bas, Tehsil Dodh District Sikar (Ra- jasthan) 2. Rajkishor S/o Late Jugalkishor, Aged About 50 Years, R/o Dremland School, Ward No. 22, Parshuram Park Ke Pass Sikar Tehsil And District Sikar Rajasthan. 3. Chandra Devi D/o Late Jugalkishor, Aged About 47 Years, R/o Dreamland School, Ward No. 22, Parshuram Park Ke Pass Sikar Tehsil And District Sikar Rajasthan Presently At Mumbai. (Name Deleted) 4. Babulal S/o Dirdahari, Aged About 36 Years, R/o Ramleela Maidan Ke Peeche, Sikar Tehsil And District Sikar. 5. Smt. Vimla Devi W/o Bhagwan Singh, Aged About 62 Years, Resident 2/9 Aavasan Mandal, Bus Stand Ke Peeche, Devipura Sikar. 6. Shri Hardevram Kaler S/o Bhopalaram Kaler, Aged About 60 Years, R/o Devkunj Pandit Ji Ki Kothi, Sanwali Road Sikar. 7. Nagar Parishad Sikar, Through Commissioner, Nagar Parishad, Sikar. 8. Chairman, Nagar Parishad, Sikar. ----Respondents For Petitioner(s) : Mr. Amit Singh Shekhawat, Adv. For Respondent(s) : HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 05/02/2025 [2025:RJ-JP:5014] (2 of 3) [CW-1919/2025] This civil writ petition has been filed by the petitioner-defen- dant No. 6 (for short ‘the defendant’) against the order dated 14.07.2023 passed by Additional Civil Judge No. 2, Sikar in civil suit No. 36/2017, whereby the application filed by the defendant Nos.5 and 6 under Order 9 Rule 7 read with Section 151 CPC has been dismissed which was filed against the order dated 02.11.2018 passed by trial court, whereby exparte proceedings were initiated against defendant Nos. 5 and 6. Learned counsel for the defendant submits that the respon- dent No. 1-plaintiff (for short ‘the plaintiff’) filed a civil suit against the defendants for specific performance of the agreement dated 24.07.1999 and declaration of patta No.4842 dated 12.02.2013 as null and void etc. and permanent injunction, in which due to unavoidable reasons, defendant could not appear be- fore the trial Court on 02.11.2018. As a result of which, ex parte proceedings were initiated against him. After that, on 12.09.2019 defendant filed an application under Order 9 Rule 7 CPC before the trial court but the trial court vide order dated 14.07.2023 dis- missed the application filed by the defendant. He further submits that absence of the defendant was bona fide. Therefore, in the in- terest of justice, the impugned orders dated 02.11.2018 and 14.07.2023 passed by the trial court be set aside and one more opportunity be granted to the defendant to file the written state- ment before the trial court. I have considered the arguments advanced by the learned counsel for the defendant and perused the impugned orders. [2025:RJ-JP:5014] (3 of 3) [CW-1919/2025] Taking into consideration the facts and circumstances of the case and in the interest of Justice, I deem it fit to allow the peti- tion filed by the defendant on cost. Accordingly, petition filed by the defendant is allowed. The orders dated 14.07.2023 and 02.11.2018 passed by the trial Court are set aside. The trial court is directed to grant only one oppor- tunity to the defendant to file the written statement, subject to payment of cost of Rs.25,000/- by the defendant to the plaintiff on or before next date of hearing, failing which no opportunity shall be granted by the trial Court to the defendant for filing the written statement. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Gourav/38