MULIMANI SANNA BASAVARAJAPPA Vs. BASAVANNAPPA

JUDGEMENT

(1.) This revision petition is presented against the order made by the court below directing the award of interim maintenance to the minor plaintiff by defendant 2, pending the disposal of a partition suit.

(2.) That suit was brought by the plaintiff claiming to be the son of defendant 2. Defendant 2 denied that the plaintiff was his son and repudiated the right of the plaintiff to a partition of the properties in his possession. During the pendency of that suit, the plaintiff made an application for the award of interim maintenance. The learned Civil Judge made an order directing defendant 2 to pay a sum of Rs. 25/- a month by way of interim maintenance.

(3.) In this revision petition, which is brought by defendant 2 it is contended by Mr. Motaiya, learned Advocate for the petitioner that the learned Civil Judge had no jurisdiction to make the order under revision. Mr. Motaiya contends that the learned Civil Judge, in a case like this where the claim of the plaintiff is disputed and not admitted, had no jurisdiction under the provisions of Section 151, of the Code of Civil Procedure under which section the Civil Judge made the order under revision, to make an interim order like the one which he has made.