Sri Vishwaraj vs B M Byrappa on 1 March, 2013
Author: Aravind Kumar
Bench: Aravind
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
having
not been included in the suit, suit for partial partition
10
was not maintainable and to evidence the fact that said
property was purchased ... cannot be any dispute to the preposition that suit for
partial partition is not maintainable and all joint family
properties are to be included
deceased Basappa towards first defendant came to be
denied and prayer for partition of suit schedule property
sought for by way of alternate relief also ... included in the suit and as such, suit for
partial partition as contended is not maintainable.
6 Defendants-2 and 3 though represented by their
Whether the plaintiffs prove that they are
entitled for partition and separate possession
of ½ share in the suit schedule properties?
vi. What order or decree ... included in
the hotchpot, therefore suit for partial partition in
respect of a alienated property is not maintainable by
relying upon the judgment reported
such it has held that suit for partial partition
would not be maintainable and all the properties
belonging to the family is to be included
suit for
partial partition. In the absence of such permission being
sought for and granted, the subsequent suit is not
maintainable. Order 2 Rule ... this proceeds as an assumption that the earlier suit for
partial partition was not maintainable. The effect of filing a
suit for partition without including
partition amongst his brothers
in the year 1980. However, it was contended that during the
life time to Sri Shivamurthappa, there was a partition ... Will dated 25.01.1999.
He also contended that suit for partial partition is not
maintainable on the ground that site No.95 which was
purchased
Smt A C Nagaveni vs Smt Akkamma on 3 May, 2017
Equivalent citations: AIR 2017
Bellur Usha Shivaprasad vs Smt. Sarasamba Anantha Swamy on 2 June, 2020
Author: Aravind Kumar