A.K. SUBBAIAH Vs. IYANDA PREMA
LAWS(KAR)-2022-4-203
HIGH COURT OF KARNATAKA (FROM: STATE)
Decided on April 04,2022

A.K. Subbaiah Appellant
VERSUS
Pu;Iyanda Prema Respondents

JUDGEMENT

- (1.)This appeal is filed by the unsuccessful plaintiff in O.S.195/2015 challenging the concurrent finding of fact by both the Courts that the plaintiff is not entitled to half share in the suit properties and therefore he is not entitled to perpetual injunction restraining the defendant from alienating the suit property.
(2.)The parties shall henceforth be referred to as they are arrayed before the Trial court.
(3.)The plaintiff and defendant were husband and wife. The plaintiff and defendant filed M.C.No.25/2011 before the Senior Civil Judge, Virajpet under Sec. 13 of the Hindu Marriage Act, 1955. It is stated that contemporaneously, mother of the plaintiff had filed O.S.No.55/2011 against her sons, daughter in law and grand son for partition of her share in the family properties and for maintenance. The said suit was compromised before the Lok Adalath and the suit properties were allotted to the defendant towards her share and for the share of her son A.S.Vipin Uthappa. In view of the compromise entered into the marriage between the plaintiff and defendant was dissolved by order dtd. 27/6/2011. The custody of the minor child was delivered to the defendant. Later the minor son of the defendant expired. The plaintiff alleged that he came to know that the defendant was attempting to alienate the suit property and therefore filed the present suit claiming his half share in the properties and for perpetual injunction.


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