VIJAYALAXMI CHANDRASHEKARA GOWDA Vs. CHANDRASHEKARA GOWDA

JUDGEMENT

(1.) This appeal is filed by the defendant in O.S.No.29/2021 on the file of Prl. Sr. Civil Judge, Puttur. The appellant has questioned the correctness of the order dtd. 18/11/2021 on I.A.2.

(2.) I.A.2 is an application filed by the respondent under Order XXXIX Rules 1 and 2 CPC being the plaintiff in the suit for restraining the appellant-defendant from alienating plaint 'A' and 'B' schedule properties. The respondent is the husband of the appellant and it is his case that he purchased plaint 'A' and 'B' schedule properties in the name of his wife when he was serving in Indian Army as a Subedhar. He borrowed money from a bank for purchasing one of the properties and that he himself was repaying the loan though the loan was obtained in the name of his wife. When he learnt that the appellant was about to sell away the properties, he brought the suit claiming declaration of title over the properties and ancillary relief of permanent injunction. Along with the plaint, he made an application for temporary injunction to restrain the appellant from alienating the properties and as it stood allowed by the impugned order, this appeal has been preferred by the defendant.

(3.) The appellant does not dispute that she is the wife of the respondent, what she has contended is that she purchased the properties from her money without the aid of the respondent. She admits that the respondent made some payments towards loan installments and submits that over time, he stopped making payments. The loan has not been cleared yet and that she has school going children. She has found it difficult to maintain the family without any help from the plaintiff and in this view she has got every right to dispose of the properties for the benefit of the family.