YASHUMIN HASAN MULLA Vs. KRISHNARAM

JUDGEMENT

(1.) Revision petitioner feeling aggrieved by order passed by First Appellate Court on the file of III Addl. Sessions Judge, Belgavi in Crl.A.No.149/2012, dtd. 12/12/2012 preferred this revision petition.

(2.) Parties to the petition are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of petitioner can be stated in nutshell to the effect that petitioner had filed Crl.Misc.No.217/2011 on the file of III JMFC, Belagavi under the provisions of Protection of Women from Domestic Violence Act, 2005 (For short the Act) for seeking relief in terms of Sec. 18 and 20 of the Act. The trial Court by order dtd. 2/6/2012 allowed application filed under the Act, rejecting claim under Sec. 20 of the Act. The petitioner was provided with right to reside in house property belongs to her husband/ respondent. The third party, who is arraigned as respondent No.1 in this revision petition on coming to know of the order passed by trial Court dtd. 2/6/2012, questioned the same by filing appeal before first appellate Court on the file of III Addl. Sessions Judge, Belagavi in Crl.A.No.149/2012. The first appellate Court after hearing both sides allowed the appeal and directed respondent/revision petitioner to deliver possession of the property forthwith.