IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.5498/2004 Ugam Singh @ Omi S/o Shri Lal Singh Versus Shri Bhagirath Singh S/o Shri Lal Singh & Others Date of Order ::: 03.04.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Ms. Gayatri Rathore, Counsel for petitioner Shri Ajay Kumar Tanenia, Advocate, for Shri Ajay Gupta, and Shri M.C. Gupta, Addl. Govt. Counsel for respondents #### By the Court:- Heard learned counsel for the parties. Plaintiff-petitioner has preferred this writ petition challenging the impugned order dated 28th July, 2004 (Annexure-9) passed by the trial court whereby the application filed by the defendant No.1 under Order 9 Rule 7 of the Code of Civil Procedure for setting- aside the ex-parte proceedings, was allowed. The trial court, in its order impugned in this writ petition, has mentioned that on 21st February, 2003 an ex-parte order was passed against the defendant No.1 as he refused to accept the summon of the suit. An application under Order 9 Rule 7 of the CPC was filed on 9th March, 2004. The application was contested by the plaintiff-petitioner wherein he admitted that even prior to 21st February, 2003, when ex- parte order was passed, compromise talks were going on in between the plaintiff and the defendant in respect to the disputed property. The trial court, while allowing the application filed by the defendant No.1, has observed that no effective proceeding has taken place in the case as the case was pending for service of summon on defendant No.2 only. So far as the delay of proceeding is concerned, the trial court has compensated the plaintiff by awarding costs. I do not find any illegality in the impugned order so as to interfere in it. There is no merit in this writ petition and the same is accordingly dismissed with no order as to costs. (Narendra Kumar Jain) J. //Jaiman// IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Stay Application No.4705/2004 In S.B. Civil Writ Petition No.5498/2004 Ugam Singh @ Omi S/o Shri Lal Singh Versus Shri Bhagirath Singh S/o Shri Lal Singh & Others Date of Order ::: 03.04.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Ms. Gayatri Rathore, Counsel for petitioner Shri Ajay Kumar Tanenia, Advocate, for Shri Ajay Gupta, and Shri M.C. Gupta, Addl. Govt. Counsel for respondents #### By the Court:- Consequent upon dismissal of the writ petition, the stay application, filed therewith, does not survive and the same is also dismissed. (Narendra Kumar Jain) J. //Jaiman//