Karnataka High Court
Smt Narayanamma vs Sri Subramani on 12 January, 2022
Bench: Ashok S.Kinagi
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE ASHOK.S.KINAGI
WRIT PETITION NO. 22589 OF 2021 (GM-CPC)
BETWEEN:
1. SMT. NARAYANAMMA
W/O LATE ANNAIYAPPA
AGED ABOUT 86 YEARS
2. SMT. MUNITHAYAMMA
D/O LATE ANNAIYAPPA
AGED ABOUT 46 YEARS
BOTH R/O POLANAHALLI VILLAGE
CHANANRAYAPATTANA HOBLI
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT
PIN CODE - 562 135:
...PETITIONERS
(BY SRI. ONKARAPPA N.D, ADVOCATE)
AND:
1. SRI. SUBRAMANI
S/O LATE ANNAIYAPPA
AGED ABOUT 41 YEARS
R/O POLANAHALLI VILLAGE
CHANANRAYAPATTANA HOBLI
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT
PIN CODE - 562 135
2. THE SPECIAL LAND ACQUISITION
OFFICER, KIADB.,-2 SHANTHI GRUHA
2
BHARATH SCOUTS & GUIDES BUILDING
5TH FLOOR, PALACE ROAD
BENGALURU - 560 001
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
PRINCIPAL SENIOR CIVIL JUDGE & JMFC, DEVANAHALLI,
BENGALURU RURAL DISTRICT TO PASS JUDGMENT IN O.S.
NO.574/2020 BASED ON THE ADMISSION MADE IN THE
WRITTEN STATEMENT DATED 17.11.2020 WHICH IS PRODUCED
AT ANNEXURE-B OF THIS WRIT PETITION AND ALSO
APPLICATION FIELD TO PASS JUDGMENT DATED: 25.11.2021,
VIDE ANNEXURE-C OF THIS WRIT PETITION AND ETC.
THIS WRIT PETITION COMING ON FOR 'PRELIMINARY
HEARING ' THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners have filed a Writ of mandamus
directing the Trial Court to pass a judgment wherein the
admission made in the written statement as per the order
XII Rule 6 of the Civil Procedure Code (hereinafter referred
to as 'CPC' for short). The Trial Court has not passed any
order on the said application. Hence, this writ petition.
2. Brief facts leading to filing of this writ petition
are that:
The respondents have filed a suit in
O.S.No.574/2020 for relief of partition and separate
possession. The petitioners appeared and filed a
consenting written statement admitting the averments
made in the plaint and also sought for counter claim for
relief of partition. Further the petitioners have also filed
an application under Order XII Rule 6 of CPC to pass a
judgment based on the admission made in the pleading.
The Trial Court has not passed any order on the said
application. Hence, the petitioners have filed this writ
petition.
3. Heard the learned counsel for the petitioners
and also perused the records.
4. The respondents have filed a suit in
O.S.No.574/2020 seeking for relief of partition. The
petitioners appeared and filed consenting written
statement and also sought for a counter claim of the relief
of partition and separate possession. When the petitioners
have admitted the contents of the plaint, the Trial Court
ought to have passed the judgment as per the Order XII
Rule 6 of CPC. The Trial Court has not passed any such
judgment on admission. Hence, in view of the above
discussion the writ petition is allowed.
5. The Trial Court is directed to consider the
application filed by the petitioner as per Annexure-C and
pass appropriate orders in accordance with law within a
period of one month from the date of receipt of a certified
copy of this order.
Sd/-
JUDGE
GJM
