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
took up a specific contention that the suit
for partial partition was not maintainable, since a house property
situated in Malali Village, Mudhol Taluk, originally ... plaintiffs including the
said property also, since the suit for partial partition was
maintainable and a party cannot be compelled to seek his
legitimate share
relief of
partition and separate possession is declined by the trial
Court on the ground that suit for partial partition is not
maintainable ... maintainable due to partial partition is inconsistent with
well-established legal precedents. A suit for partition is
maintainable even if some ancestral properties have
already
prove that suit filed by plaintiff for partial
partition is not maintainable?"
8. In order to establish their case, the plaintiff ... partition, suit where both the parties want
partition, a defendant may also be held to be a
plaintiff. Ordinarily, a suit for partial partition
partition of the share 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
very observation made by the Trial Court that suit
for partial partition is not maintainable is erroneous and
committed an error in dismissing the suit ... oral partition and
also the plaintiffs' properties are not included and suit for partial
partition is not maintainable is an erroneous observation. In
order
necessary parties
in the suit. Thus, the suit is not maintainable for partial
partition and without their being necessary parties. Against
the decision ... facts and circumstances
involved in the case, the suit is maintainable for
partial partition and non impleading necessary
parties
included in the suit and
therefore suit for partial partition is not maintainable. Late
Lingappa and Sanna Hanumanthappa have sold Sy.No.178
measuring ... joint family properties are not
included and suit for partial partition is not maintainable
and sought for dismissal of the same.
11. Defendant
included the other ancestral
properties. The suit for a partial partition is not
maintainable. Hence, prays to dismiss the suit
against defendant ... dismissing the suit on
the ground that the suit for partial partition is not
maintainable. He also submits that the First Appellate
Court
supported the impugned judgment, and submitted that the
suit for partial partition is not maintainable, and the
plaintiff has not included the other existing joint ... Whether the suit filed by the plaintiff for
partial partition is maintainable?
2) Whether the plaintiff proves that the
judgment and decree passed
