should not be entertainable and the instant
suit is not maintainable for partial partition.
Hence, this issue is decided against the plaintiff ... also involved, so the suit
cannot be held as not maintainable for partial partition. His grievance is that the
learned trial court without taking
additional issue with regard to
limitation and suit is not maintainable for partial partition
as respondent Nos.1 to 3 have not included ... that the
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WP No. 111225 of 2019
suit for partial partition is not maintainable. He submits
that the trial court has not framed issue
partition of the
shares of the members of the joint family in one property
which amounts to partial partition is not maintainable.
This contention ... Appellate Court holding that the suit of the plaintiff for
partial partition is maintainable should be set aside and
the finding of the Trial Court
partial partition of the alleged joint
family properties. Inspite of such plea, no issue was framed on the
maintainability of the suit for partial partition ... suit for partial partition. Further,
the appellant contended that there was earlier partition and, therefore, the
suit is not maintainable for repartition
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
dismissed mainly on the
ground that the suit for partial partition is not maintainable as the
properties of the mother have not been included ... included in the suit schedule and therefore, the suit
for partial partition is not maintainable. When the plaintiffs filed
an amendment application at the appellate
suit is
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dismissed on the ground of suit for partial
partition is not maintainable, no hardship will
be caused to plaintiff ... additional issue that, whether plaintiff proves
that, the suit for partial partition is
maintainable without including all the movable
and immovable properties of joint family
they were not included in the
proceedings and suit for partial partition is not
maintainable. The said application was resisted by the
second plaintiff ... properties which are not
included. Therefore, the very suit for partial partition is
not maintainable. The Trial Court, without considering
the prayer sought
petitioners. The suit is for
partition and separate possession. The parties have led
evidence. Partial partition is pleaded and issue is also
framed ... written statement to
contend that the suit not maintainable for partial partition.
The Trial Court taking into consideration that the application
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is belated
partial partition and the business of 'Sarathi
Textiles' and Venkateswara Chem Dyes and the assets are also liable for
partition as they ... properties are also to be
included for partition and the suit for partial partition is not maintainable.
4.In the above suit, trial commenced
