common principle regarding partial partition may apply
depending on the facts and circumstances of the case. Therefore, the
rule regarding partial partition as it applies ... rule of partition is not
so rigid and even partial partition can be allowed. It is for the party
contesting such partition to prove that
should not be entertainable and the instant
suit is not maintainable for partial partition.
Hence, this issue is decided against the plaintiff ... also involved, so the suit
cannot be held as not maintainable for partial partition. His grievance is that the
learned trial court without taking
having
not been included in the suit, suit for partial partition
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was not maintainable and to evidence the fact that said
property was purchased ... cannot be any dispute to the preposition that suit for
partial partition is not maintainable and all joint family
properties are to be included
partition of all joint
family properties including schedule 'A' properties between the
parties. Thus the suit for partial partition is not maintainable. Held ... some of the
properties for future partition. He further contended that partial
partition in certain circumstances is also maintainable in the event
certain properties were
they were not included in the
proceedings and suit for partial partition is not
maintainable. The said application was resisted by the
second plaintiff ... properties which are not
included. Therefore, the very suit for partial partition is
not maintainable. The Trial Court, without considering
the prayer sought
ground
that the suit was not maintainable for partial partition.
The same was challenged in R.A.No.19/2008 before the
lower Appellate Court ... came to be dismissed on the ground that suit
for partial partition is not maintainable. RSA
No.466/2009 filed before this Court was also
included in the suit schedule and
therefore suit for partial partition is not
maintainable and sought for dismissal of the suit.
3. The plaintiffs filed ... document. It
was also contended that the suit filed for partial
partition is not maintainable.
9
11. The claim made by the plaintiffs that
error in dismissing their suit holding that the suit for partial
partition is not maintainable. The 1st Appellate Court has also
committed the same mistakes ... dismissing the suit on the ground that the suit for
partial partition is not maintainable and the First Appellate
Court has also committed the same
suit of plaintiffs without giving finding as suit for partial partition is maintainable or not ?
2. Whether the appellate court in its judgment found that
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
