took up a specific contention that the suit
for partial partition was not maintainable, since a house property
situated in Malali Village, Mudhol Taluk, originally ... plaintiffs including the
said property also, since the suit for partial partition was
maintainable and a party cannot be compelled to seek his
legitimate share
Whether the Defendant No.4 proves that partial partition
suit is not maintainable?
2. Whether the Defendant No.4 proves that the suit ... effect that the suit for partial partition is not maintainable and in
the light of Section-3 of the Limitation Act1963
suit and consequently the suit for partial
partition without including all parties and properties was not
maintainable and the same was liable to be dismissed ... finding recorded by the Trial Court that the suit for partial
partition was maintainable without including the properties of
Ranganathrao is erroneous inasmuch as without
suit and consequently the suit for partial
partition without including all parties and properties was not
maintainable and the same was liable to be dismissed ... finding recorded by the Trial Court that the suit for partial
partition was maintainable without including the properties of
Ranganathrao is erroneous inasmuch as without
plaintiff filed O.S.No.59/2008
against the respondents-defendants for partition and
separate possession of his alleged share in the suit
schedule immovable ... suit schedule
properties and as such, the suit for partial partition was not
maintainable.
3
3. Learned counsel for the petitioner in addition to
reiterating
plaintiff itself hit by partial partition. If suit is hit by partial
partition suit itself is not maintainable as per the
observation ... plaintiffs have include all the
properties the suit for partial partition is not at all
maintainable as discussed supra. In the result, I answer
issue
partial
- 11 -
NC: 2024:KHC:9135
WP No. 8668 of 2023
C/W WP No. 11960 of 2023
partition is not maintainable. Regarding this aspect
partial
- 11 -
NC: 2024:KHC:9135
WP No. 8668 of 2023
C/W WP No. 11960 of 2023
partition is not maintainable. Regarding this aspect
necessary properties, hence the suit is partial
partition. Hence the suit of the plaintiffs is not
maintainable
Defendant has taken
contention that suit of the plaintiff is not
maintainable for non joinder of necessary parties to
the suit. That the plaintiffs have ... said property also and since a suit for partial partition was not
maintainable without including this property, the trial Court
committed an error in answering
