4909/2020
Partition Deed dated 09-07-2015 are absolutely
unjustifiable allegations. On plain reading of Partition
Deed, said Partition Deed stands meaningless and
therefore ... does not convey any meaning for the purpose of
effecting equitable division and equitable partition.
Therefore, the document will have to be declared as
cancelled
8392/2018 vide dated
8392/2018 by demarcating shares
through equitable Partition which is
in continuation to Preliminary
Decree.
2. That, the suit assailed supra ... where
upon banking on said
Preliminary Decree is
seeking relief of equitable
Partition by fixing
respective shares through
metes and bounds in the
instant Final
Dinbandhu Dinanath Prajapati vs Devenbhai Mafatlal Patel on 1 July, 2024
NEUTRAL CITATION
C/SCA
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
last three years and continuing until an equitable
partition is achieved.
13. Oral evidence of the Plaintiff was also recorded. The deponent i.e.,
Plaintiff ... jointly
purchased and presented evidence to support this, seeking an equitable
partition, damages, and mesne profits due to the Defendants' refusal to
divide
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
their consent,
which is not proper and against the principle of equitable
partition.
23. In a case of this nature, it is the duty ... respondents No.2 and 3 is in compliance of equitable
partition. Since the respondents No.1 and 3 are residing
together, the excess share
their consent,
which is not proper and against the principle of equitable
partition.
23. In a case of this nature, it is the duty ... respondents No.2 and 3 is in compliance of equitable
partition. Since the respondents No.1 and 3 are residing
together, the excess share
disagreement between the plaintiffs and the defendants,
the plaintiffs requested equitable partition of the suit
schedule properties.
b) Defendant No.5, having allegedly deprived ... claim the property in the final
decree proceedings through equitable partition, having held
-7-
NC: 2024:KHC-D:1540
RFA No. 100135 of 2019
that
equitable partition.
But the fact remains that it is not the case of the
Plaintiff that the alleged partition was not an
equitable partition ... grams of gold given by her, which is not an equitable
partition, when compared to the properties received by
the Defendant No.1 under
