partition declining the defendants' prayer for casting
an additional issue, to wit, whether the suit for partial partition is not
maintainable ... judge for it to decide on the legal issue whether partial
partition is maintainable or not on the basis of statutory law, case law,
Mittal
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
suits for partial partition
was expressed most succinctly in Kenchegowda (supra) as
follows:
"Even otherwise a suit for partial partition in the
absence ... partition of the
shares of the members of the joint family in one property
which amounts to partial partition is not maintainable.
This contention
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
Learned counsel for Saichanakya urged that a suit for partial
partition is not maintainable and thus urged that the learned Single Judge
could not have ... doubt be true
that a suit for partial partition of joint property is not maintainable. But
this would be when either joint title
included in the suit for partition. He also raised a plea that the suit must be dismissed for partial partition and staged a counter claim ... partition suit?
2 Whether the suit is maintainable for partial partition?
3 Whether the Karta of the joint family could posess his separate property purchased
plaintiffs is not
correct?
g) Whether the plaintiffs are entitled for
partition and separate possession of
1/3rd share in the suit schedule
properties ... dismissing the suit even though the
same was not maintainable for partial
partition?
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ii) Whether the First Appellate Court was
justified in dismissing
granting the relief of
partition when it is partial partition and admittedly there was already a
partition and mutation in the revenue records ?
3. Whether ... held that,
"the ordinary rule that a suit for partial partition is not maintainable does
not apply to the case of co-owners
remained absent. According to the 1st Appellate Court,
suit for partial partition is not maintainable and
therefore, in a suit for partition, all the properties ... Accordingly the suit for partial
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partition without including all the
properties without making all the parties is
not maintainable and also the names
contested the said partition suit and it is only a collusive suit and hence, the decree passed in the said partition suit is nonest ... said partition suit filed by her and therefore, the suit filed by her for partial partition is not maintainable. Therefore, based on the said decree
