V. GOPALAKRISHNAN Vs. VISALAKSHI AND ORS.

JUDGEMENT

(1.) The plaintiff in O.S.182/07 on the file of the Sub Court, Hosdurg is the appellant. He filed the suit, seeking recovery of Rs.15,000/- from the first respondent, his divorced wife. He also sought an order of injunction restraining respondents 2 and 3 from proceeding against one acre of property in R.S.225/1A of Kinanoor village of Hosdurg Taluk. By the decree and judgment impugned in this appeal, though a decree as sought against the first respondent was passed, the prayer for injunction against respondents 2 and 3 was declined. It is aggrieved by this judgment and decree, this appeal is filed.

(2.) We heard the counsel for the appellant and the learned counsel appearing for respondents 2 and 3.

(3.) Briefly stated, the facts of the case are that in March 2000, the first respondent availed of a loan of Rs.1,00,000/- from second respondent. The appellant, being the then husband of the first respondent, stood surety to the loan in question and mortgaged one acre of land in R.S.225/1A of Kinanoor village in favour of the bank. Subsequently, first respondent committed default and to cut a long story short, the bank filed A.R.C. 13/02 which resulted in an award directing the first respondent to pay the amount due to the bank and also creating a charge on the mortgaged property . In the Execution Petition filed, the appellant sought to be exonerated himself and on the rejection of such an application, Writ Petition 17697/05 was filed before this Court. In that writ petition, judgment was rendered by this Court granting an instalment facility to the appellant. After suffering such a judgment, the appellant filed O.S.182/07 in which the impugned judgment and decree was passed.