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 of whole of the joint holdings and the instant suit
is bad due to partial partition, so the suit for partition is not
maintainable ... which it has been held that the suit for
partial partition is not maintainable without bringing into
the common hotchpotch the entire joint house property
framed:-
"1. Whether the plaintiff is entitled to get possession by
partition of 1/2 share of the suit property i.e Kothi bearing ... facts from the Court? OPD
7. Whether suit is not maintainable being partial partition ?
OPD
8. Whether no cause of action has been arose
married daughters of late Sh.R.C.Khanna can
seek the partition of the alleged joint property in view
of Specific Bar under Section ... Whether the suit for partition is
not maintainable being filed for partial partition?
OPD.
7. Whether the suit has not been
property valued
asking for any further partition.
The defendant also took a preliminary objection on the partition
sought being only a partial partition, as the plaintiff ... correctly held the
suit to be bad/not maintainable because the plaintiff only
sought partial partition of the property that devolved upon
partition suit where both
the parties want partition, a defendant may also be held to be a
plaintiff. Ordinarily, a suit for partial partition ... Courts below rightly opined that suit for partial partition is not
maintainable. Evidence on the file was not misread and findings of the
Courts below
their written statement, had raised an objection that suit for
partial partition was not maintainable as there was another property owned
by Pakhar Singh which ... partition by
including complete details of the properties. He further submitted that the
present suit was filed in the year 2003 and objection regarding partial
complete partition and not for partial partition, although it is
proved on record that the suit itself is not maintainable being for partial
Mahajan Vinay ... right in holding that the suit was not maintainable as same was not for
partial partition.
As far as the share of the plaintiffs
suit property has been partitioned on
the basis of a Family Partition Deed dated 29.06.2018; whereafter the
suit property has come into the share ... inter alia submitted by learned counsel for the petitioners
that partial partition is not maintainable. It is submitted that the Courts
below have failed
filed a suit for passing a decree
for possession by way of partition of joint land measuring 7 biswas
comprising khewat khatauni ... Court held that the present suit for partial partition is not maintainable.
1 of 2
::: Downloaded
