PRAKASH RAJ WODEYAR Vs. B.R.UMA DEVI

JUDGEMENT

(1.) This writ petition is filed challenging the order dated 16.03.2019 passed by the Trial Court on I.A.No.1 in F.D.P.No.147/2007, whereby, the petitioner was directed to pay a sum of Rs.15,000/- p.m. as interim maintenance to the first respondent till the disposal of the petition.

(2.) The brief facts giving rise to filing of this petition is, the first respondent instituted a suit in O.S.No.3313/1985 for partition and separate possession. The suit was decreed on 02.07.1999 and the decree was drawn by holding the first respondent herein is entitled to 1/6th share of the suit property and also entitled to 8/42nd share in the joint family properties as shown in item No.2 in 'B' schedule property. She was also found entitled for 1/6th share in 'C' schedule property and a share in the income received from the said properties in which she is entitled for a share after taking accounts. This decree has attained finality before this Court. The first respondent filed final decree proceedings pursuant to the aforementioned decree passed seeking order for division of schedule properties by metes and bounds and to put her in possession of her share and to hold enquiry for mesne profits in F.D.P.No.147/2007.

(3.) In the final decree proceedings an application is filed by the plaintiff - first respondent herein under Section 151 of Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') seeking an interim order directing defendants Nos.1 and 2 therein, one of whom is the petitioner herein for payment of Rs.15,000/- p.m. as interim maintenance pending disposal of the final decree proceedings.