K. M. SANTHOSH KUMAR Vs. KALAMMA

JUDGEMENT

(1.) This petition by the 1st defendant in O.S.No.26/2020 on the file of I Addl.Senior Civil Judge & JMFC, Davanagere, is directed against the impugned order dtd. 10/10/2022 passed on I.A.No.5 by the trial court, which allowed the said application filed by the 1st respondent - plaintiff and directed the petitioner - 1st defendant to pay a sum of Rs.5,000.00 per month to the 1st respondent - plaintiff and issued certain other directions.

(2.) Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

(3.) The material on record discloses that the petitioner is the son of 1st respondent - plaintiff, while 2nd respondent - 2nd defendant is the sister of the petitioner and daughter of 1st respondent. In the said suit which is being contested by the petitioner, the 1st respondent - plaintiff filed the instant application I.A.No.5 for a direction to the petitioner to pay maintenance of Rs.5,000.00 per month. The said application having been opposed by the petitioner, the trial court proceeded to pass the impugned order partly allowing I.A.No.5 and by directing the petitioner to pay sum of Rs.5,000.00 per month by way of interim maintenance from the date of the order till the disposal of the suit, by holding as under:-