LAWS(KAR)-2010-7-60

B. SURENDRA SETTY S/O LATE B. ERANNA, RETIRED JUNIOR ENGINEER Vs. SMT. SUJATHA S. SETTY @ RATNA S. SETTY W/O B. SURENDRA SETTY D/O M.V. RAMANAIAH SETTY

Decided On July 22, 2010
B. Surendra Setty S/O Late B. Eranna, Retired Junior Engineer Appellant
V/S
Smt. Sujatha S. Setty @ Ratna S. Setty W/O B. Surendra Setty D/O M.V. Ramanaiah Setty Respondents

JUDGEMENT

(1.) THIS appeal under Section 19 of the Family Courts Act, 1984 [for short 'the Act'] is by the seventh defendant in the suit O.S. No. 16/2008. on the file of the Judge, Family Court, Davangere, a suit which had been filed by the plaintiff - wife of the seventh defendant, claiming maintenance towards her personal expenditure at the rate of Rs. 7,500/ - per month and to create a charge on the plaint A and B schedule properties, which had come to be decreed in part to the extent of allowing maintenance at the rate of Rs. 3.000/ - per month and the charge being created in respect of plaint 'B' schedule property.

(2.) THE husband, as of now a retired Junior Engineer residing at Bellary is in appeal contending, inter alia, that the Judgment of the trial court is not based on either facts or the findings proper on the evidence placed before the court by the parties; that it suffers from several infirmities in law; that it is liable to be set aside; that the suit should have been dismissed etc..

(3.) THOUGH in the suit there were as many as seven defendants and the present appellant himself is the seventh defendant, in the memorandum of appeal, the plaintiff alone has been indicated as respondent and defendants I to 6 have not been arrayed as parties in the appeal.