suit, the said
properties are not included. Hence, suit for partial
partition is not maintainable. He further submits that
the trial Court has failed ... maintainability of the suit on the ground that suit for
partial partition is not maintainable. In fact
available for partition . It was also contended that the
suit for partial partition was not maintainable since the
house property bearing ... partition.
4. The Trial Court after framing issues and
examining the evidence record, recorded a finding, that
the suit for partial partition is not maintainable
point that arises for consideration is,
Whether the suit for partial partition is
maintainable or not?
9. The Trial Court after recording a finding that ... hotchpotch. Even though
the question whether the suit for partial partition is
maintainable or not, is a question of law, the application
filed by defendant
family
genealogy to contend that the suit filed for partial partition
was not maintainable and that there were other properties
available for partition which stood ... failed to consider three
facts: (i) that the suit for partial partition was not
maintainable; (ii) there was a settlement between the
11
plaintiff
joinder of necessary parties and that
the suit for partial partition was not maintainable.
9
12. It is found from the written statement of
defendant ... question as to whether the suit for partial
partition is maintainable or not, in his evidence PW1 has
stated that 5 acres 1 guntas
established principle
of law that suit for partial partition is not maintainable. A
further submission was made that Defendant No.1 had
specifically contended that ... schedule properties are
ancestral properties and that suit for partial partition is not
maintainable and that calculation of share is not correct.
I find myself
necessary
7 OS.No.5058/2018
properties. Suit for partial partition is not maintainable.
The plaintiff has suppressed these facts and has filed the
above ... included all the properties in this suit. Suit for partial
partition is not at all maintainable. Accordingly, I have
answered this issue in the negative
case - Thus suit filed by plaintiff was
not maintainable as suit for partial
partition would not be maintained without
seeking leave of Court - Therefore suit ... finding of Appellate Court
holding that suit of plaintiff for partial
partition was maintainable should be set
aside and finding of trial Court with
respect
wellÂsettled in law that a suit for partial
partition is not maintainable." The Hon'ble Supreme Court answering it in
affirmative held ... settled rule of law that suit for partial
partition is not maintainable. Accordingly, the present issue is decided in favour
of the defendants and against
Hiremath had other
ancestral landed properties also, the suit for partial
partition is not maintainable.
4. The defendant No.6 had also preferred a
counter
