included in the suit and hence, the suit for partial
partition is not maintainable and accordingly, sought for
dismissal of the suit.
5. The trial ... suit
of the plaintiffs on the ground that suit for partial partition is not
maintainable. Taking exception to the same, plaintiffs filed
regular appeal before
respect of the cause of action.
47. Suit for partial partition is not maintainable :
P.W.1 in his evidence clearly admitted that his father ... suit for partition of shares of the
members of the joint family in one property which
amounts to partial partition is not maintainable. This
preposition
such the present suit filed by
the Plaintiffs for partial partition is not maintainable.
This defendant No.1 is entitled for a share even ... this suit without
including all the joint family properties for partial
partition has not maintainable. The defendant No.1
except taking this defence and except
plaintiff filed O.S.No.59/2008
against the respondents-defendants for partition and
separate possession of his alleged share in the suit
schedule immovable ... suit schedule
properties and as such, the suit for partial partition was not
maintainable.
3
3. Learned counsel for the petitioner in addition to
reiterating
SAMBHAJI
AND OTHERS wherein this Court held that suit for partial
partition is not maintainable.
23. The counsel also in his argument vehemently
contend that
sought to be divided and thus,
the suit for partial partition is not maintainable ... holding
on additional issue No.7 that a suit for partial partition is
maintainable. On additional issue No.6, learned trial Judge observed
that
been filed by
respondent No.1 herein during her lifetime seeking
for partition of various properties wherein
petitioners herein were arrayed as defendants ... dismissed on the
ground that though the suit for partial
partition was not maintainable, such a stand was
not taken by the petitioners herein
partition, all the joint family properties are
required to be added to the Plaint since a suit
for partial partition is not maintainable
ancestral
property and that the said property which is also available for partition should
have been added in the suit ... included in the suit
schedule and therefore, the suit for partial partition is
not maintainable. When the plaintiffs filed an
amendment application at the appellate
Plaintiffs to change the suit from suit for general partition to suit
for partial partition. He has relied upon the decision of the Apex ... contend that the suit for partial partition is not maintainable.
5. I have perused the records and considered the submissions
advanced by Shri Walawalakar
