view of its finding that the
suit is not maintainable for partial partition dismissed the prayer for
partition, but in view of its finding that ... plaintiff for partition holding that the suit is not maintainable for partial
partition and that the suit itself was rendered infructuous even
view of its finding that the
suit is not maintainable for partial partition dismissed the prayer for
partition, but in view of its finding that ... plaintiff for partition holding that the suit is not maintainable for partial
partition and that the suit itself was rendered infructuous even
view of its finding that the
suit is not maintainable for partial partition dismissed the prayer for
partition, but in view of its finding that ... plaintiff for partition holding that the suit is not maintainable for partial
partition and that the suit itself was rendered infructuous even
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
suit of the
plaintiff was held not maintainable as the
same was filed for partial partition without
seeking leave of the court as contemplated
under ... defendants No.2 and 3 is
that the suit for partial partition is not maintainable unless all the
properties of the joint family are included
registered partition deed has
not been included by the plaintiff in the present case. The
suit for partial partition is not maintainable. The plaintiff ... defendant under partition
deed as per Ex.D.9. The suit for partial partition is not
maintainable. It is admitted fact that suit property belongs
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
right in ignoring the defendant's case that there was already
partition before Panchattars and the plaintiff was allotted the other
ancestral property ... defendant are having their shares, whether the suit for
partial partition is maintainable?
(iii)As seen from the deposition of PW1/Plaintiff
suit property and if so whether the suit seeking partial partition is
not maintainable, as alleged in the written statement? OPD.
3. Whether the suit ... suit property and if so whether the suit seeking partial partition is not
maintainable, as alleged in the written statement? OPD."
8. The first
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
