partition declining the defendants' prayer for casting
an additional issue, to wit, whether the suit for partial partition is not
maintainable ... judge for it to decide on the legal issue whether partial
partition is maintainable or not on the basis of statutory law, case law,
Mittal
legal
heirs of Vidya Devi, as such, the suit for partial partition is maintainable. In
1 of 3
::: Downloaded ... Court below with the observation that it is not maintainable
for partial partition, as such, appellants may be allowed liberty to seek
remedy available
partition of whole of the joint holdings and the instant suit
is bad due to partial partition, so the suit for partition is not
maintainable ... which it has been held that the suit for
partial partition is not maintainable without bringing into
the common hotchpotch the entire joint house property
framed:-
"1. Whether the plaintiff is entitled to get possession by
partition of 1/2 share of the suit property i.e Kothi bearing ... facts from the Court? OPD
7. Whether suit is not maintainable being partial partition ?
OPD
8. Whether no cause of action has been arose
suit
RSA No.329 of 2009 2
for injunction would be maintainable?
C) Whether Will can be executed in whole or in parts ... general provisions for mandatory
injunction?
E) Whether the suit for partial partition is
maintainable?
F) Whether assessment register, form TS-1, house tax
receipts
complete partition and not for partial partition, although it is
proved on record that the suit itself is not maintainable being for partial
Mahajan Vinay ... right in holding that the suit was not maintainable as same was not for
partial partition.
As far as the share of the plaintiffs
reversed?
ii) Whether the suit of the plaintiffs for partial partition is
maintainable?
iii)Whether the suit of plaintiffs regarding partition of suit
land measuring ... partial
partition. The joint land of 324 kanals has already been partitioned
and a such the present suit is not maintainable. Both the Courts below
Defendants inter alia pleaded that the suit is not
maintainable being bad for partial partition. It was also alleged that
plaintiffs have not included Abadi ... maintainable in the
present form being bad for partial partition. The words 'for partial
partition' have not been mentioned in issue
certain other
properties that were still joint, a suit for partial partition was not
maintainable. Further, plea of the plaintiff himself was that Smt. Banti ... held to be not maintainable being for partial partition and for non-
joinder of necessary parties.
Learned counsel for the appellant could not point
wise partition not permissible and further, a suit
seeking partial partition of the estate of the deceased in any case not being
maintainable.
18. Learned ... Sharma), such contention of Mr. Jindal being that the issue of partial
partition never having been raised before the courts below, it cannot be raised
