subject matter and including in the partition
suit. Therefore, the partial partition suit is not
maintainable. If the same contention were taken by
the defendants ... plaintiff is a partial
partition and intentionally suppressing all other
properties. Hence the suit for plaintiff partial partition
is not maintainable.
15. In this regard
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
finding given against him that the suit was not maintainable for partial partition. The cross-objection was upheld by the I Appellate Court about ... partition of the shares of the members of the joint family in one property which amounts to partial partition is not maintainable. This contention
Sri Vishwaraj vs B M Byrappa on 1 March, 2013
Author: Aravind Kumar
Bench: Aravind
properties in a suit
for partition would not be maintainable for partial
partition. In support of his submissions, he would rely
upon following two judgments ... partition of the shares of the members
of the joint family in one property
which amounts to partial partition is
not maintainable. this contention
properties and also on
the ground that the suit for partial partition is not
maintainable and the suit is bad for non-joinder of necessary ... property is not included in the suit, the suit for
partial partition is not maintainable. For the aforesaid reason
the Trial Court dismissed the suit
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
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
partition of the share of the members of the
joint family in one property which amounts to
partial partition is not maintainable. This
contention ... partition of the shares of the members of the
joint family in one property which amounts to
partial partition is not maintainable. This
contention
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
