Or. 12, rule 6 and sec.11 of C.P.C = Order XII Rule 6 confers wide discretion on the Court to pass judgment either at the stage of the suit on the basis of admission of the facts made in the pleadings or otherwise, but the Court shall later on decide the other questions which arise for consideration in the Suit. It is equally well settled that the provision of Order XII Rule 6 of the Code is not a mandatory provision rather discretionary. While exercising power of passing judgment on admission made in the pleading or otherwise, the Court must keep the matter pending for adjudication so far as other issues are concerned. Indisputably, the plaintiff/respondent filed the suit for following relief:- i) A decree for possession of the suit property; ii) A decree for recovery of Rs.5,55,000/- and future damages @ Rs.15,000/- per month against the defendant. So far as the first relief for a decree for possession is concerned, we are in full agreement with the view taken by the High Court having regard to the question of ownership already decided in the earlier suit filed by the defendant/ appellant. The said issue need not have to be decided afresh and hence on the basis of the finding of ownership decided in favour of the plaintiff/respondent, the suit has to be decreed so far as the recovery of possession is concerned. So far as the second question with regard to the entitlement of the plaintiff/respondent to claim a decree for recovery of a sum of Rs. 5,55,000/- and future damages @ Rs.15,000/- per month is concerned, admittedly this question has not been decided either in the earlier suit or in this suit. In that view of the matter, decreeing the entire suit on the basis of ownership of the plaintiff/respondent already decided in the earlier suit, the decree for recovery of damages ought not to have been passed by the High Court.- the plaintiff-respondent filed a suit against the defendant/appellant who is her son, for recovery of possession and damages alleging that she had purchased the suit property out of her own fund and she is the absolute owner, but part of the property was under the illegal occupation of the appellant-defendant, who opposed the suit contending that the suit property was a Hindu Undivided Family property having been purchased in the name of the respondent using the funds of his grandfather, father and himself and not purchased by the respondent as she was a housewife having no income. Appellant-defendant further pleaded that though there was a dispute regarding his ownership and possession, the same was settled between all the family members vide compromise deed dated 22.10.1997. The respondent filed an application under Order XII Rule 6 of the Code of Civil Procedure for passing a decree in her favour on the ground that a suit for partition, which had earlier been filed by the appellant on the same ground i.e. that the suit property was a HUF property, had been dismissed by the District Court vide judgment dated 8.9.2003 and affirmed by the High Court vide judgment dated 12.9.2011 and the respondent contended that the same amounted to an unequivocal admission by the appellant that the respondent was entitled to possession. - 2015 SC msk law reprots

Or. 12, rule 6 and sec.11 of C.P.C = Order XII Rule 6 confers wide discretion on the Court to pass judgment either at the stage of the suit on the basis of admission of the facts made in the pleadings or otherwise, but the Court shall later on decide the other questions which arise for consideration in the Suit. It is equally well settled that the provision of Order XII Rule 6 of the Code is not a mandatory provision rather discretionary. While exercising power of passing judgment on admission made in the pleading or otherwise, the Court must keep the matter pending for adjudication so far as other issues are concerned. Indisputably, the plaintiff/respondent filed the suit for following relief:- i) A decree for possession of the suit property; ii) A decree for recovery of Rs.5,55,000/- and future damages @ Rs.15,000/- per month against the defendant. So far as the first relief for a decree for possession is concerned, we are in full agreement with the view taken by the High Court having regard to the question of ownership already decided in the earlier suit filed by the defendant/ appellant. The said issue need not have to be decided afresh and hence on the basis of the finding of ownership decided in favour of the plaintiff/respondent, the suit has to be decreed so far as the recovery of possession is concerned. So far as the second question with regard to the entitlement of the plaintiff/respondent to claim a decree for recovery of a sum of Rs. 5,55,000/- and future damages @ Rs.15,000/- per month is concerned, admittedly this question has not been decided either in the earlier suit or in this suit. In that view of the matter, decreeing the entire suit on the basis of ownership of the plaintiff/respondent already decided in the earlier suit, the decree for recovery of damages ought not to have been passed by the High Court.- the plaintiff-respondent filed a suit against the defendant/appellant who is her son, for recovery of possession and damages alleging that she had purchased the suit property out of her own fund and she is the absolute owner, but part of the property was under the illegal occupation of the appellant-defendant, who opposed the suit contending that the suit property was a Hindu Undivided Family property having been purchased in the name of the respondent using the funds of his grandfather, father and himself and not purchased by the respondent as she was a housewife having no income. Appellant-defendant further pleaded that though there was a dispute regarding his ownership and possession, the same was settled between all the family members vide compromise deed dated 22.10.1997. The respondent filed an application under Order XII Rule 6 of the Code of Civil Procedure for passing a decree in her favour on the ground that a suit for partition, which had earlier been filed by the appellant on the same ground i.e. that the suit property was a HUF property, had been dismissed by the District Court vide judgment dated 8.9.2003 and affirmed by the High Court vide judgment dated 12.9.2011 and the respondent contended that the same amounted to an unequivocal admission by the appellant that the respondent was entitled to possession. - 2015 SC msk law reprots

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APEX COURT DIGEST - Jan.2017 [6]

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Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

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Or.39, Rule 1 & 2 and Sec. 151 and sec.94 of C.P.C - Police aid when to be granted - hear both parties when resisted - to avoid dispossession of actual possessor with the help of police aid - identify the property before issuing of police aid with the help of advocate commissioner if necessary - since the defendant pleaded that before the filing of suit and after filing of the suit ,he never trespassed into the suit schedule property nor violated interim injunction order - even though no evidence of violation of injunction not filed , the lower court feels that no prejudice would be caused to the respondent when police aid is granted -2013 A.P. msklawreports

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