subject matter and including in the partition
suit. Therefore, the partial partition suit is not
maintainable. If the same contention were taken by
the defendants ... plaintiff is a partial
partition and intentionally suppressing all other
properties. Hence the suit for plaintiff partial partition
is not maintainable.
15. In this regard
Suit for partition, amounting to a partial partition of the properties, is not
maintainable.
36. Mr. Anturkar submitted that, as far as the Judgement ... Suit for partial partition is not maintainable.
In other words, a Suit for partition of only some properties is not
maintainable. This has been held
right to file the suit
for partition and separate possession. The suit for
partial partition is not maintainable in view of the
12
decision ... partition
suit where both the parties want partition, a
defendant may also be held to be a plaintiff.
Ordinarily, a suit for partial partition
partition in the family. The plaintiff is not
entitled for the relief of partition. There is oral
partition among the family and in the partition ... partition of the suit property.
.17. The question that arise for consideration is
whether the plaintiff's suit for partial partition is
maintainable
finding given against him that the suit was not maintainable for partial partition. The cross-objection was upheld by the I Appellate Court about ... partition of the shares of the members of the joint family in one property which amounts to partial partition is not maintainable. This contention
Sri Vishwaraj vs B M Byrappa on 1 March, 2013
Author: Aravind Kumar
Bench: Aravind
been included in the plaint schedules, the suit for partial partition is not maintainable in law. Certain other evermerits were made in the written statement ... maintainability of the suit he held that a suit for partial partition is maintainable under certain circumstances and that such circumstances exist in this case
joinder of necessary parties and suit for partial partition was perfectly maintainable and the concurrent findings of both the Court dismissing the suit ... Gilda, the learned counsel contended that since the suit for partial partition was not maintainable, the appellate Court has also rightly dismissed the appeal
properties in a suit
for partition would not be maintainable for partial
partition. In support of his submissions, he would rely
upon following two judgments ... partition of the shares of the members
of the joint family in one property
which amounts to partial partition is
not maintainable. this contention
properties and also on
the ground that the suit for partial partition is not
maintainable and the suit is bad for non-joinder of necessary ... property is not included in the suit, the suit for
partial partition is not maintainable. For the aforesaid reason
the Trial Court dismissed the suit
