stage the plaintiffs filed an application under Section 2 of the Partition Act on 1.4.2006 for sale of schedule property in a public auction ... division in partition suits. - Whenever in any suit for partition in which, if instituted prior to the commencement of this Act, a decree for partition
Further, the other ground raised is that under the
Indian Partition Act , no separate procedure is contemplated so
far as the auction of the property ... when the auction takes place in a Partition suit, Section 2 and 3
of the Partition Act, will apply in that case , a strict time
Further, the other ground raised is that under
the Indian Partition Act , no separate procedure is
contemplated so far as the auction of the property ... when the
auction takes place in a Partition suit, Section 2 and 3 of
the Partition Act, will apply in that case , a strict time
under Section 2 read with Section 8 of
the Partition Act, 1893 (for short 'the Act of 1893') requesting
the Court to sell ... Court, the FDP Court was of the view that the
Partition Act does not prescribe any time limit for deposit of
bid amount
Section 7 of the
1
ILR 2000 KAR 840
13
Partition Act was of the view that the strict compliance
of Order ... hand, is a
specific legislation governing the partition of joint
family ancestral properties. Therefore, the Partition
Act deals with division of joint family properties
among
section 151 CPC read with sections 3 and 4 of the Partition
Act for considering their applications I.A.23 and 24. Given
the brief ... direction to
proceed in accordance with the provisions of the Partition
Act . Then the respondents filed an application under
section 3 of the Partition Act
that the auction is conducted as per
the provisions of the Partition Act, 1893 (' Partition Act ' for
short ... applicable to a decree for partition which is
passed in the suit instituted prior to commencement of the
Partition Act . Thus primafacie it appears that
neither initiated the proceedings for partition as contemplated under Section 4 of the Partition Act nor it initiated execution proceedings on such passing ... after partition or even claiming partition in execution for the co-sharer to exercise right of preemption under Section 4 of the Partition Act
FILED UNDER SECTION 2 AND 3 OF
PARTITION ACT AS PER ANNEXURE-L DATED 10.09.2025, PASSED BY
THE XXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE ... orders passed on I.A.Nos.2 and 3 of the Partition Act filed by the
respondents herein were allowed by the trial court
filed by the petitioner under Section 3 of the Partition Act.
2. First respondent filed O.S. No. 168/2001 against the petitioner, second respondent ... possible to effect partition as specified in Sections 2 and 3 of the Partition Act.
7. Now the only question is, whether the trial Court