IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.9167/2019 (GM-CPC) & WRIT PETITION NO.10265/2019 BETWEEN H.RAMESH, S/O HANUMAIAH, AGED ABOUT 55 YEARS, RESIDING AT MUNICIPAL NO.5, BDA NO.3037, PID NO.8-51-5, SITUATED AT NEW WARD NO.8, RAJAJINAGAR, 2ND STAGE, ‘C’ BLOCK, GAYATHRINAGAR, 5TH MAIN, KETHAMARANAHALLI, BENGALURU-560021. ... PETITIONER (BY SRI.M.P.SRIKANTH, ADVOCATE FOR SRI.PARTHASARATHI M.S. FOR PETITIONER) AND 1. SMT.PADMAVATHI, D/O SMT.NAGARATHNAMMA, AGED ABOUT 35 YEARS, 2. SMT.RADHA, D/O NAGARATHNAMMA, AGED ABOUT 31 YEARS, BOTH ARE RESIDING AT NO.76, 2ND MAIN, 2ND CROSS, MARIYAPPANAPALYA, BENGALURU-560021.
3. SMT.GEETHA, D/O H.RAMESH, AGED ABOUT 35 YEARS, 4. SMT.VARALAKSHMI, D/O SMT.GOWRAMMA, AGED ABOUT 26 YEARS, 5. SRI.MANJUNATH, S/O SMT.GOWRAMMA, AGED ABOUT 24 YEARS, NO.3 TO 5 ARE RESIDING AT NO.J-76, 2ND CROSS, 2ND MAIN, MARIYAPPANAPALYA, BENGALURU-560021.
6. SMT.GOWRAMMA, W/O DODDAIAH, AGED ABOUT 51 YEARS, RESIDING AT YELLAPURA BHOVIPALYA, ARAKERE TALUK-572106, TUMKUR DISTRICT.
7. SRI.H.VENKATESH, S/O LATE HANUMAIAH, AGED ABOUT 49 YEARS, RESIDING AT NO.4, SY NO.38, NEW MUNICIPAL NO.5, BDA NO.3037, PID NO.8051-5, SITUATED AT NEW WARD NO.8, RAJAJINAGAR, 2ND STAGE, ‘C’ BLOCK, GAYATHRINAAR, 5TH MAIN, KETHUMARANAHALLI, BENGALURU-560021. ... RESPONDENTS (BY SRI.0.SHIVARAMA BHAT, ADVOCATE FOR C/R7) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE COMMON ORDER OF THE LXXII ADDL CITY CIVIL & SESSIONS JUDGE, (CCH-73), MAYOHALL, BANGALORE, ONLY IN SO FAR AS I.A.NO.1/2018 AND I.A.NO.2/2018 PASSED DTD 5.2.2019 IN O.S.NO.25033/2013 VIDE ANNX-A TO THE PETITION AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Writ Petitions are disposed off without granting indulgence in view of the judgment of the Apex Court in Modi Spinning & Weaving Mills Co. vs Ladha Ram & Co, AIR 1977 SC 680 which says that the admission given in the pleadings cannot be withdrawn subject to exceptions into which the case of the petitioner does not fall.
However, the observations made in the impugned order shall not come in the way of the petitioner effectively taking up his defence for resisting the suit otherwise.
cbc Sd/- JUDGE