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
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
belonging to the parties having not been brought to the
hotchpot partial partition is not allowable. Having said as above, the Suit
has been dismissed ... with regard to partition of
schedule 'B' properties in absence of other properties i.e,
partial partition is maintainable?"
While proceeding
included in the suit and hence, the suit for partial
partition is not maintainable and accordingly, sought for
dismissal of the suit.
5. The trial ... suit
of the plaintiffs on the ground that suit for partial partition is not
maintainable. Taking exception to the same, plaintiffs filed
regular appeal before
S.Ravikumar vs Govindareddy on 6 January, 2021
1
OS.No.9893/2006
IN THE
suit
property ?
3. Whether plaintiffs prove that they are
entitle for partition and separate
possession of half share in the suit
property by metes ... ORDER DATED 04.11.2020
5. Whether the suit for partial partition
is maintainable ?
5. In order to prove their case, the plaintiffs have
examined plaintiff
that the property has been sold long back,
suit for partial partition is not maintainable.
19. It is a settled principle of law that even ... suit for
partial partition of the property is also maintainable under the
law, when the joint family members agreed to continue as
joint in respect
defendant Nos. 2 to 4 is
that, the suit for partial partition is not maintainable.
According to counsel for the defendant ... name of mother of the PW1. True that partial partition
suit is not maintainable. The present suit filed by the plaintiff
upon the suit schedule
such the present suit filed by
the Plaintiffs for partial partition is not maintainable.
This defendant No.1 is entitled for a share even ... this suit without
including all the joint family properties for partial
partition has not maintainable. The defendant No.1
except taking this defence and except
plaintiff filed O.S.No.59/2008
against the respondents-defendants for partition and
separate possession of his alleged share in the suit
schedule immovable ... suit schedule
properties and as such, the suit for partial partition was not
maintainable.
3
3. Learned counsel for the petitioner in addition to
reiterating
