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
sought to be divided and thus,
the suit for partial partition is not maintainable ... holding
on additional issue No.7 that a suit for partial partition is
maintainable. On additional issue No.6, learned trial Judge observed
that
rumination is that whether the suit for partial partition is maintainable for want of impleading all necessary parties to the suit? In the Written Statement
suit and as
such the suit is for partial partition and is not
maintainable. It is stated that the nature of Item ... suit is for
47 O.S.No.26279/2007
partial partition and is not maintainable. The Item No.2
and 3 of the Suit Schedule
faced therewith states that the
suit is bad for partial partition.
32. However no issue is found to have been pressed on the said aspect ... occupied the
property.
37. The rule, that a suit for partial partition is not maintainable, is not an
absolute rule as recently held
defendant and the same is not included for partition and
the partial partition is not maintainable. However,
defendant No.2 stated that item
Whether a suit for partial partition without
including all the properties and without impleading all the
persons interested is maintainable ... Whether a suit for partial partition without
including all the properties and without impleading all the
persons interested is maintainable?”
25.Heard the learned counsel
Whether a suit for partial partition without
including all the properties and without impleading all the
persons interested is maintainable ... Whether a suit for partial partition without
including all the properties and without impleading all the
persons interested is maintainable?”
25.Heard the learned counsel
Hindu Law, it is not necessary that the
partition should be effected by a registered partition deed.
11. In the case of Kenchegowda [since deceased ... made the subject matter of the suit, suit for
partial partition is not maintainable.
12. However submissions are made on the basis
asking for any further partition.
The defendant also took a preliminary objection on the partition
sought being only a partial partition, as the plaintiff ... correctly held the
suit to be bad/not maintainable because the plaintiff only
sought partial partition of the property that devolved upon
