Shankar vs. Shobha

ITEM NO.25 COURT NO.2 SECTION IVA

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 26435/2014

(Arising out of impugned final judgment and order dated 12/06/2014 in WP No. 63110/2011 passed by the High Court Of Karnataka, Circuit Bench At Dharwad)

SHANKAR Petitioner(s)

VERSUS

SHOBHA & ORS. Respondent(s)

(With appln. (s) for exemption from filing O.T. and interim relief)

Date : 13/10/2014 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MRS. JUSTICE R. BANUMATHI

For Petitioner(s) Mr. S. N. Bhat,Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Issue notice.

Learned counsel for the petitioner argues that the High Court has committed an error in affirming the order passed by the Trial Court awarding maintenance @ Rs. 10,000/- p.m. in favour of the respondent w.e.f. the date of the application. He submits that the suit property although comprises a large extent of 31 acres of land is totally barren and unproductive. He submits that the petitioner is ready and willing to deliver the possession of Digitally signed by Shashi Sareen Date: 2014.10.15 05:15:08 ALMT Reason: Signature Not Verified

the suit property to the respondents to enable them to eke out their living from the same.

In that view of the matter therefore we direct that subject to the petitioner handing over the possession of the entire suit property comprising 31 acres of land to respondent No. 1 herein who is appointed as receiver of the said property, the operation of the impugned order shall remain stayed. Respondent No. 1 shall maintain such accounts as may be required in connection with the income and expenditure and submit the same to this Court after deducting an amount of Rs. 10,000/- out of the said income towards their maintenance.

(SHASHI SAREEN) (VEENA KHERA) COURT MASTER COURT MASTER