VANDANA Vs. ASHA

JUDGEMENT

(1.) The applicants seek review of order dtd. 1/10/2018 passed in Civil Application (S) No. 263 of 2014. By the said order, the aforesaid civil application that was preferred by the respondent no.1 in Second Appeal - Smt. Asha under Sec. 24 of the Hindu Marriage Act, 1955 sought grant of the interim maintenance. In the reply filed to the said civil application by the appellants in Second Appeal, copies of 7/12 extracts were placed on record to indicate that Nilesh - the predecessor of the appellants had limited title in the said land.

(2.) While deciding Civil Application (S) No.263/2014, it has been observed that the appellant no.1 was in possession of various agricultural lands and on that basis, it was directed that an amount of Rs. Ten thousand per month would be paid without prejudice to the rights of the parties from August, 2018.

(3.) The learned counsel for the applicants submits that from the 7/12 extracts placed on record it can be seen that the appellant no.1 is not in exclusive possession of any agricultural land. The record indicates that the names of various shareholders in the agricultural lands are mentioned and hence the premise on which the amount of Rs. Ten thousand per month was fixed was not correct. He submits that there is no record to indicate that any agricultural land is in exclusive possession of the appellant no.1.