JUDGEMENT
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(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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