that the
defendant Nos.2 and 3 are entitled for an equitable partition in
-4-
RFA No. 4019 of 2013
respect of 1/8th share ... claim of the defendant
Nos.2 and 3 for an equitable partition on the mere ground that
the defendant Nos.2 and 3 had failed
defendants, they
were not ready and willing to effect equitable partition and
fix the boundaries. Defendant Nos.2 & 3 have given
evasive reply. Therefore ... plaintiff has filed the suit seeking
grant of preliminary decree for equitable partition of the
suit schedule properties by metes and bounds to an extent
them. [t is further decreed that the defendants
shall equally and equitably partition the suit
CY
schedule A and B properties and shail hand over ... open the partition.
A partition can be re-opened by b minor
coparcener on _ attainiiig his ; majority, if the
partition ma ded uring his miitiexity
follows:
The plaintiffs filed the suit seeking for a decree for equitable partition awarding 2/3rd share or legitimate share of the plaintiffs with separate ... made for the sake of family arrangement and there was no equitable partition and separate possession by metes and bounds by the parties till
make allotment of properties in an equitable manner instead of rejecting their claim for such equitable partition on the ground that they have no locus ... There is no dispute that a party can ask for an equitable partition. A transferee from him, therefore, can also do so. Such a construction
extent of 1/4th share and was
thus entitled to seek equitable partition by metes and
bounds.
2. The above suit was filed ... relief and holding that
the plaintiff is entitled to seek equitable partition of 1/4th
share in the land in Sy.No.88 of Thirumashettahalli
make allotment of properties in an equitable manner instead of rejecting their claim for such equitable partition on the ground that they have no locus ... There is no dispute that a party can ask for an equitable partition. A transferee from him, therefore, can also do so. Such a construction
other consequential reliefs on the
ground that there was no equitable partition between parties to
the suit.
4. The suit summons was served ... plaint on the
ground that there was no equitable partition and separate
possession between parties to the suit.
20. In Para-5 of the plaint
After the decree came to be passed, as a plea of
equitable partition, said application came to be filed ... pendens,
respondent No.3 always could have pleaded for equitable
partition by seeking the allotment of the share of respondents
that the
appellants had no locus standi to ask for an
equitable partition particularly when the sales
in favour of the appellants were ... make allotment of properties in an
equitable manner instead of rejecting their
claim for such equitable partition on the
ground that they have no locus
