been left oat by the plaintiffs, the present suit for partial partition is not maintainable.
4. The learned Subordinate Judge though framed as many ... suit barred by law of limitation?
(2) Is the suit for partial partition maintainable ?
(3) Whether Purna died in the year 1957 (wrong y mentioned
above suit therefore,
suit is not maintainable for partial partition. At the time of
Agreement of Sale between defendant nos.1 and 2 and defendant ... must.
Lower Appellate Court took the view that suit for
partial partition is maintainable - In Second Appeal
Judgement
24 O.S.No.6868/2012
framed by this Court whether the
suit filed only for partial partition is maintainable. Hence, the
applications are required to be allowed.
13. Per contra ... relief of partition. Hence, I answer
point No.3 that the suit is filed only for partial partition which is
not maintainable by answering third
must. Lower Appellate Court took the
view that suit for partial partition is maintainable -
In Second Appeal the High Court holding that the
suit ... partial partition is not maintainable
restored the Decree of the Trial Court".
From the above judgment, it is clear that suit for partition
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
have included the said properties and
therefore the suit for partial partition is not
maintainable and therefore it dismissed the suit of the
plaintiff ... subject matter of this suit and therefore the suit for
partial partition is not maintainable. Similarly he
contended, property standing in the name
have included the said properties and
therefore the suit for partial partition is not
maintainable and therefore it dismissed the suit of the
plaintiff ... subject matter of this suit and therefore the suit for
partial partition is not maintainable. Similarly he
contended, property standing in the name
have included the said properties and
therefore the suit for partial partition is not
maintainable and therefore it dismissed the suit of the
plaintiff ... subject matter of this suit and therefore the suit for
partial partition is not maintainable. Similarly he
contended, property standing in the name
have not been included in the partition and that therefore, the suit for
partial partition is not maintainable. The trial Court rejected the
contention ... partition. It is only to avoid multiplicity of proceedings, such principle
was reiterated. Therefore, a suit for partial partition, is held to be not
maintainable
Bangalore and therefore, the suit is said
to be not maintainable for partial partition. Further
11 O.S.No.1535/2006
the Plaintiff is said ... share in the suit properties?
3. Whether the suit for partial partition is not
maintainable?
4. Whether the defendants prove prior oral
partition between
