suit schedule whether that suit can be termed as partial partition and not maintainable under law.
3. Sri M.N. Narasimha Reddy, the learned Counsel ... plaint schedule property?
2. Whether the suit is maintainable for partial partition?
3. To what relief?
14. As already referred to supra, the evidence
suit for partition coolly in respect of the said plaint schedule house only. Therefore, the suit for partial partition is not maintainable ... whether that house is liable for partition?
4. Whether the suit for a partial partition is maintainable?
5. Whether the plaintiff is entitled to future
relief?
Additional Issues:
1. Whether the suit is for partial partition and hence not
maintainable for the reasons as set forth in para ... included, then the suit for partition would be a
suit for partial partition, which would not be maintainable, and
therefore they are also liable
filed by plaintiff for partition is not maintainable as it amounts to a suit for partial partition. He relied on KENCHEGOWDA vs. SRI SIDDEGOWDA ... support of his contention that suit for partial partition is not maintainable. Relying on M.L.ARYA MURTHY VS. M.L.SUBBARAYA, he contended that
suit by the plaintiff for a partial partition of the joint family properties was not maintainable. He however felt that the sale deed Exhibit ... square yard of B-Schedule property. Therefore the siit for partial partition is not maintainable.
6. The next question that is raised is whether Section
filed a suit for partition of all the joint family properties. He has only filed a suit, for partition of the B-Schedule cannot ... square yard of B-Schedule property. Therefore the suit for partial partition is not maintainable.
The next question that is raised is whether Section
plaintiff had suppressed the same. The suit for partial partition is not maintainable and has to be dismissed in limine. The plaintiff is not entitled ... suit and the suit is not maintainable as the same was filed for partial partition.
9. On the strength of the respective pleadings
show me as to why this is not a case of partial partition. It is not material that they got the share of Rajesham transferred ... share of the defendant. Such a suit for partial partition, in my view , is not maintainable.
21. For the above-said reasons, I would allow
becomes unacceptable, there does not exist any alternative, except to direct the partition of the suit schedule properties.
5. Though the 1st respondent is served ... what is its effect?
4. Whether the suit for partial partition is not maintainable?
7. The appellant deposed as P.W. 1 and four more
present seeks amendment of the plaint and plaint schedule praying for partition of the property separate court fee is to be paid; that ... Court, which is to the effect that the suit for partial partition is not maintainable when all the joint family properties not made the subject