partition is not maintainable. It is further held that all the
properties of deceased are to be partitioned in a suit for partition and
partial ... partitioned in
a single suit for partition. As such, this suit for partial partition is not
maintainable and partial suit property is not divisible
S. Satveer Singh vs Jagdeep Kaur Mehr Ors on 18 October, 2025
IN THE COURT
whether suit for partial partition i.e.
partition of only one or few of the jointly inherited properties is maintainable
on behalf ... which may be different in case of partial partition as compared to
complete partition.
10.3. For just partition, as parties might otherwise be greatly prejudiced
first point (i.e., whether a suit for partial
partition was maintainable) it need only be stated that under
Mohammedan Law the estate ... another heir as a suit
for partial partition and to say that, therefore, the suit is not
maintainable. Both the terminology and the principles
Whether the present suit is not maintainable being
only for partial partition as stated by Defendant no. 1 in the
preliminary objections of the written ... Whether the present suit is not maintainable being
only for partial partition as stated by Defendant no.
1 in the preliminary objections of the written
wellsettled 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
partition had
already been affected and acted upon even otherwise it is a well
settled law that a suit for partial partition is not maintainable ... decree of partition, as prayed.
Partition once effected and acted upon, cannot be reopened and
even otherwise, prayer for partial partition against defendant
settled that a suit for partial partition is not
maintainable. Thus the present suit for partition is not maintainable since
the plaintiffs have left ... entitled to their respective shares on partition. However the suit being a
suit for partial partition is not maintainable and deserves to be dismissed
further stated the present suit is not
maintainable as the same is for partial partition as Plaintiff has not
claimed partition qua other property ... claimed partition in respect
of that property. Hence, instant suit of plaintiff is for partial partition
and therefore, same is not maintainable. In support
even a suit for
partition of only one property would be a suit for partial partition which
is not maintainable.
22. It is well settled ... that a suit for partial partition is not
maintainable. Where all the joint family properties are not included
within the partition suit the suit would
