SHAMMANNA Vs. ASHWATHAMMA

JUDGEMENT

(1.) Petitioner being the plaintiff in a partition suit in O.S.No.408/2015 is invoking the writ jurisdiction of this Court for assailing the order dated 31.03.2017, a copy whereof is at Annexure-E, whereby the learned II Additional City Civil Judge, Bangalore Rural District having rejected his application filed under Order XII Rule 6 of CPC, 1908, refused to grant judgment on the asserted admission of the respondent-defendants in their pleadings.

(2.) After service of notice respondents having entered appearance through their counsel resist the writ petition. However, one of the respondent namely defendant No.4 fairly submits that he too sails with the petitioner.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, the impugned order is liable to be set at naught and issuance of a direction to the learned trial Judge for granting judgment on admission is warranted for the following reasons: