LAXMAN Vs. HANAMAVVA

JUDGEMENT

(1.) The present regular second appeal is filed by the defendant/appellant aggrieved by the judgment and decree dtd. 20/4/2011 passed in O.S.No.126/2009 on the file of the Additional Civil Judge & JMFC, Jamakhandi (hereinafter referred to as "the Trial Court" for short) in which the Trial Court while decreeing the suit filed by the plaintiff-respondent enhanced monthly maintenance from Rs.900.00 to Rs.2,500.00.

(2.) Being aggrieved by the same, the defendant- appellant filed regular appeal in R.A.No.13/2011 on the file of Senior Civil Judge, Jamakhandi (hereinafter referred to as "the First Appellate Court" for short). The First Appellate Court while dismissing the said appeal filed by the defendant/appellant confirmed the judgment and decree passed by the Trial Court.

(3.) It is the case of the defendant-appellant that earlier a suit in O.S.No.349/1989 was filed by the plaintiff/respondent against defendant/appellant seeking relief of maintenance, in which, a sum of Rs.600.00 per month was ordered. Subsequently, another suit in O.S.No.18/1999 was filed by the plaintiff/respondent seeking enhancement of compensation and the same was referred to Lok-Adalath and the matter was ended in a compromise/award dtd. 22/11/1999. In terms of which, the maintenance was enhanced from Rs.600.00 to Rs.900.00. Thereafter the plaintiff/respondent filed present suit in O.S.No.126/2009 seeking further enhancement from Rs.900.00 to Rs.5,000.00.