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
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
defendant no. 2. He submitted that the
suit for partial partition was not maintainable. It was then submitted
that in the sale deed dated ... share?
9] As regards the question that the suit for partial partition
was not maintainable, it is to be noted that on 20.03.1989 there
suit for partition of
partial property. In that scenario, it was held that the suit for
partial partition is not maintainable ... object the partial partition. Hence, all
the members have consented to the partial partition. Therefore,
the present suit is maintainable.
15. In view
instant suit was suit for partial partition as the
joint family movable properties were not included and thus not
maintainable ?
(iv) Whether the Defendant ... movable joint family property was not included, suit for partial
partition was not maintainable. He submits that without any case of
waiver being pleaded
properties in the common hotchpot and seek
partition therein, the suit seeking partial partition was not maintainable.
38. Consistent with these findings, the learned Civil ... ancestral property.
46. The second ground of the suit for partial partition being not
maintainable, was sought to be met by the Plaintiff, before
properties in the common hotchpot and seek
partition therein, the suit seeking partial partition was not maintainable.
38. Consistent with these findings, the learned Civil ... ancestral property.
46. The second ground of the suit for partial partition being not
maintainable, was sought to be met by the Plaintiff, before
properties in the common hotchpot and seek
partition therein, the suit seeking partial partition was not maintainable.
38. Consistent with these findings, the learned Civil ... ancestral property.
46. The second ground of the suit for partial partition being not
maintainable, was sought to be met by the Plaintiff, before
suit properties. The contention in short is
that suit for partial partition is not maintainable. It will be pertinent
to mention here that ... permissible.
7. It is well settled that a suit for partial partition is not
maintainable. However, it is also settled that a specific objection
excluded, suit for partition can be maintainable
for partial partition ?
(iii) Whether the determination of the shares is in
accordance with
