right to file the suit
for partition and separate possession. The suit for
partial partition is not maintainable in view of the
12
decision ... other properties which are not the subject-
matter of the suit. Thus the suit for partial partition is
not maintainable. Further, defendant
bounds
under registered partition deed dated 21.10.2009 would
clearly show that the present suit for partial partition is not at
all maintainable. The copy ... frivolous
litigation would proceed to hold that suit for partial partition is
not maintainable. In view of subsequent events, more
26
particularly severance
parties. Lower appellate Court came to conclusion
that suit for partial partition is not maintainable and
eventually, dismissed the suit by judgment and decree dated ... suit for partition without impleading all
the coparceners or sharers is maintainable?
(2) Whether the suit for partial partition is
maintainable?
(3) Whether the plaintiff
wherein the Division Bench has held
that the suit for partial partition is not maintainable. Applying
the principles laid down by the Division Bench ... relief of partition
in respect of remaining properties cannot be
examined on the ground that the suit for partial
partition is not maintainable?
ii) Whether
have not
included other joint family properties. He submits that the
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WP No. 111225 of 2019
suit for partial partition is not maintainable ... have not included
other joint family properties and hence, the suit for partial
partition is not maintainable. The trial court has recorded
finding
that all
their family properties not brought in
common hotec-potch thus, the suit for
partial partition, not maintainable?
4. Whether the defendant further proves ... suit for partial partition is not
tenable. She further contended that since there was an
earlier partition, the suit is not maintainable
joinder of
necessary parties and also suit for partial partition is
not maintainable. He submits that the father of the
plaintiff has incurred a huge ... observed above,
the suit for partial partition is not maintainable. The
Trial Court, considering the material on record, was
justified in passing the impugned judgment
suit on the ground that suit schedule property for partial
partition is not maintainable.
7. Based on the rival contentions, the Trial Court
formulated ... defendant No.1 are not included in the
present suit and therefore, suit for partial partition is not at all
maintainable.
16. The judgment
grounds
raised, it is specifically contended that the suit is not maintainable for partial
partition of the properties or parties, without making any reservation with ... suit for partial partition. Further,
the appellant contended that there was earlier partition and, therefore, the
suit is not maintainable for repartition
which are also
ancestral properties, are not included and therefore,
contended that suit for partial partition is not maintainable.
The mother of plaintiff and defendant ... affirmative.
The contention of defendant No.2 that suit for partial
partition is not maintainable was out rightly rejected by
the Trial Court. Trial Court
