LAWS(KAR)-1998-7-86

HANAMAWA Vs. MANAPPA MUKKANDAITI

Decided On July 16, 1998
HANAMAWA Appellant
V/S
MANAPPA MUKKANDAITI (DECEASED) BY L.RS Respondents

JUDGEMENT

(1.) THIS is a revision petition filed under Section 115 of the CPC from the judgment and order dated 13-3-1995 delivered by the Principal Civil judge, Bagalkot, in Final Decree Proceedings Case No. 2 of 1991 directing the respondents to pay a sum of Rs. 200/- per month to the petitioner for her maintenance from 1-1-1994 till possession of the schedule properties are given to her in view of the order towards her subsistence allowance made on LA. 4.

(2.) THE facts of the case in nutshell are that, the petitioner had filed a partition suit which had been decreed in her favour. But she had not been given her share's possession. It consists of almost 95 acres of agricultural land. Under preliminary decree the applicant had been held to be entitled to half share in the total land. As the proceedings were delayed and she was not having enough income or money for maintaining herself, the applicant moved an application for subsistence allowance or for her maintenance and sought a direction from the Court. The court below passed an order directing the respondents to pay Rs. 200/-per month to the petitioner for her maintenance from 1-1-1994. Looking to the insufficiency of the amount which had been directed to be paid at the rate of Rs. 200/- per month, the petitioner has come up before this court by way of a revision under Section 115.

(3.) I have heard Sri C. M. Desa learned Counsel for the applicant.