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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.SOMASHEKAR, VENKATESH NAIK T
K. S. Ramesh S/o. Late K. R. Seetharamaiah – Appellant
Versus
K. S. Rangaswamy S/o. Late K. R. Seetharamaiah – Respondent
JUDGMENT :
K. SOMASHEKAR, VENKATESH NAIK T., JJ.
The appeal in R.F.A.No.1676/2019 is preferred by the appellant Shri K.S. Ramesh, challenging the judgment and decree dated 11.06.2019 rendered by the XXXIX Addl. City Civil Judge, Bangalore City, in O.S. No.4955/2013 and seeking to set aside the judgment and decree dated 11.06.2019 allowing I.A.No.6 filed by the respondents under Order XXII Rule 6 CPC and consequently, to direct the trial Court to restore the suit.
2. For the sake of convenience, the parties are referred to as per their ranking before the trial Court. The appellant is defendant and respondent Nos.1 to 8 are plaintiff Nos.1 to 8.
3. The factual matrix of the appeal is as follows:-
Respondents had filed a suit for partition and separate possession against the appellant seeking the relief of declaration that the plaintiffs and defendant are joint family members and to divide the property and alternatively, if the defendant is not agreeing the suit properties be divided into five shares among the children of K.R. Seetharamaiah and allot 1/5th share each. As per the case of the plaintiffs, one K.R. Seetharamaiah was the original propositus of the family, who married Smt. K.S.
Admissions in pleadings or related documents allow for expedited judgments under Order XII Rule 6 CPC, affirming that clear and unequivocal admissions can preclude the need for further evidence.
(1) Judgment on admission – For exercise of discretion by Court under Order XII Rule 6 of CPC, admission must be unequivocal – No particular form of admission is necessary – Judgment on admission is ....
A family settlement, even if unregistered, is binding if acted upon, and courts can issue a decree on admission when clear admissions exist, emphasizing the discretionary nature of Order XII Rule 6.
The court emphasized that admissions in pleadings and family settlements can warrant a decree without trial under Order XII Rule 6 of the CPC, reinforcing the binding nature of such settlements.
The discretionary nature of the power under Order XII Rule 6, the need for clear and unambiguous admissions, and the discretion of the court in delivering a quick judgment on admission.
Prior oral partition established through documentary evidence negated plaintiffs' claims for additional shares in joint family properties under Hindu Succession Act.
The court emphasized the need for clear admissions and the appropriate use of discretion under Order XII Rule 6, ruling that judgments on admissions must be based on unequivocal facts, necessitating ....
Oral agreements regarding immovable property require registration to be enforceable, and vague defenses do not raise triable issues.
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