Court discontinued criminal revision regarding maintenance and property return, noting house possession was already granted and settled by appellate court.
Revision petition disposed; petitioner to not alienate house during her lifetime.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.01.2014
THE HON'BLE MRS.JUSTICE ARUNA JAGADEESAN
CRL.R.C.(MD) No.318 of 2013
Easthar Kamalam
... Petitioner/Respondent/
Appellant
Vs.
1.Mathina 2.Sorubarani
... Respondents/Appellants/ Respondents
Prayer: Criminal revision petition filed under Section 397 r/w 401 of Criminal Procedure Code to call for records and set aside the order passed by the learned Additional District and Sessions Judge/Fast Track Court, Dindigul in C.A.No.22 of 2012, dated 13.12.2012 reversing the order passed in C.C.No.147 of 2010 on the file of the learned Judicial Magistrate, Nilakottai, dated 12.01.2012.
For Petitioner : Mr.Kumaravel
For Respondents : Mr.N.Dilip Kumar
O R D E R
This revision is preferred against the order passed by the learned Additional District and Sessions Judge/Fast Track Court, Dindigul dated 13.12.2012 in C.A.No.22 of 2012 reversing the order passed in C.C.No.147 of 2010 on the file of the learned Judicial Magistrate, Nilakottai dated 12.01.2012.
The same was set aside by the lower Appellate Court in C.A.No. 22 of 2012 on the ground that jewels were given to the respondents for medical
expenses of the husband of the first respondent, who is the son of the
petitioner and in so far as right of residence is concerned, the https://hcservices.ecourts.gov.in/hcservices/
petitioner was given right of residence in one of the properties as
against which the present revision is filed by the petitioner.
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Court that as per the order passed by the trial court, the respondents have handed over the house bearing No.9/1/62 in Pattiveeran Patti, Nilakottai Taluk to the petitioner for her residence till her life time. After recording the same, the learned Magistrate also directed the petitioner to occupy the house property. Both parties would submit that the petitioner is in occupation of the said house. Since right of residence is given in house bearing No.9/1/62 and the possession of the said house property was handed over to the petitioner for her residence till her life time, the order passed by the Appellate Court warrants no interference by this Court. However, it is made clear that the petitioner shall not alienate or encumber the property till her life time. This Revision Petition is disposed of accordingly.
Sd/-
Assistant Registrar
/True Copy/
Sub Assistant Registrar
To.
TS/03.02.2014/2P-6C
Crl.R.C.No.318 of 2013
06.01.2014
Easthar Kamalam
Mathina
Sorubarani
Aruna Jagadeesan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
