PAPPA Vs. PADMANABHAN

JUDGEMENT

(1.) This Second Appeal has been filed challenging the judgment and decree of the Lower Appellate Court, namely, the II Additional Sub Court, Nagercoil in A.S.No.3 of 2009 dtd. 29/10/2009. The appellants are the plaintiffs in the suit O.S.No.450 of 2005 on the file of the I Additional District Munsif Court, Nagercoil. The first appellant is the mother and the second appellant is her daughter. The respondent is the defendant in the suit and is the husband of the first appellant/first plaintiff.

(2.) The suit was filed by the appellants/plaintiffs seeking for maintenance from the respondent/defendant, who is the husband of the first appellant. The Trial Court decreed the suit in favour of the appellants/plaintiffs by granting the relief of maintenance as well as granted attachment of the suit schedule property by its judgment and decree dtd. 22/1/2008 and the said judgment and decree was passed by the I Additional District Munsif Court, Nagercoil in O.S.No.450 of 2005. Aggrieved by the same, the respondent/defendant filed a first appeal before the II Additional Sub Court, Nagercoil in A.S.No.3 of 2009. The Lower Appellate Court partly allowed the first appeal in A.S.No.3 of 2009 filed by the defendant by upholding the relief of maintenance granted by the Trial Court, but by reversing the finding of the Trial Court with regard to the attachment of the suit schedule property. The Lower Appellate Court has raised the attachment granted by the Trial Court by the impugned judgment and decree dtd. 29/10/2009. Aggrieved by the raising of the attachment, the plaintiffs in the suit have filed this Second Appeal. In the forthcoming paragraphs, the parties are described as per their litigative status in the suit.

(3.) This Court on 2/6/2017 admitted the Second Appeal by formulating the following substantial question of law: