right to file the suit
for partition and separate possession. The suit for
partial partition is not maintainable in view of the
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decision ... partition
suit where both the parties want partition, a
defendant may also be held to be a plaintiff.
Ordinarily, a suit for partial partition
defendants claim that the present suit for
partial partition is not maintainable. However, on perusal of
the written statement, this Court would find that ... defendants, the question
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as to whether the suit for partial partition is maintainable
cannot be examined at this stage, since there were no specific
parties. Lower appellate Court came to conclusion
that suit for partial partition is not maintainable and
eventually, dismissed the suit by judgment and decree dated ... coparceners or sharers is maintainable?
(2) Whether the suit for partial partition is
maintainable?
(3) Whether the plaintiff proved that item
wherein the Division Bench has held
that the suit for partial partition is not maintainable. Applying
the principles laid down by the Division Bench ... relief of partition
in respect of remaining properties cannot be
examined on the ground that the suit for partial
partition is not maintainable?
ii) Whether
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
suit
will be bad for partial partition; the learned trial Judge had omitted to appreciate
the proof for partial partition and non-joinder of necessary ... alleged oral partition was proved by the parties; the suit cannot be hit by partial
partition because partial partition is maintainable under certain ex-ordinary
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
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
must. Lower Appellate court took the view that suit for
partial partition is maintainable - In second appeal, the High
OS.No.5693/2010
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Court ... holding that the suit for partial partition is not
maintainable, restored the decree of the trial court".
25. It is significant to note here
bounds
under registered partition deed dated 21.10.2009 would
clearly show that the present suit for partial partition is not at
all maintainable. The copy ... frivolous
litigation would proceed to hold that suit for partial partition is
not maintainable. In view of subsequent events, more
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particularly severance
