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
above suit therefore,
suit is not maintainable for partial partition. At the time of
Agreement of Sale between defendant nos.1 and 2 and defendant ... must.
Lower Appellate Court took the view that suit for
partial partition is maintainable - In Second Appeal
Judgement
24 O.S.No.6868/2012
have been to the
included in suit for partition and suit for partial partition is
not maintainable without adding all the ancestral joint
family properties ... Will dated:
04.04.2005 and Partition deed is acted upon by the
plaintiff herself and suit for partial partition is not
maintainable and the plaintiff
suit of the
plaintiff was held not maintainable as the
same was filed for partial partition without
seeking leave of the court as contemplated
under ... defendants No.2 and 3 is
that the suit for partial partition is not maintainable unless all the
properties of the joint family are included
partial partition in respect of two items
of the properties cannot be made. Generally, the partial
partition is unknown to Hindu law. While making
partition ... earlier partition entered into between the
parties by way of compromise petition is not reopened,
the present suit for partial partition is not maintainable.
Accordingly
about said survey numbers in the plaint.
The suit for partial partition is not maintainable in law.
4(c). The Society has purchased the above ... dated 08.11.1958?
2. Whether defendants prove that the suit for
partial partition is maintainable as pleaded in
para No.5 of the written statement
facts i.e. dismissal
of earlier suit filed by the plaintiff for partition. In view of this
suppression of material fact, the plaintiff has played ... partial partition without
incorporating the other properties bearing Site Nos.1091 to
1105 situated at 7th Sector, HSR Road Layout, Bangalore, is
not maintainable
held that the suit of the plaintiff for
partial partition is not maintainable. Similarly, the
Division Bench of Hon'ble High Court ... partition of the
share of the members of the joint family in one property
which amounts to partial partition is not maintainable
respect of the cause of action.
47. Suit for partial partition is not maintainable :
P.W.1 in his evidence clearly admitted that his father ... suit for partition of shares of the
members of the joint family in one property which
amounts to partial partition is not maintainable. This
preposition
must. Lower Appellate Court took the
view that suit for partial partition is maintainable -
In Second Appeal the High Court holding that the
suit ... partial partition is not maintainable
restored the Decree of the Trial Court".
From the above judgment, it is clear that suit for partition
