stay should continue until the disposal of the suit but if no such suit is brought within that period, then the stay of execution will ... from a coparcener to file a partition suit and, if the suit is filed within that period, to stay the execution till the decree
open to defendants 4 and 5 to get the partition suit stayed, proceed with the Probate proceeding pending in the court of the District Judge ... obtaining the Probate, to set it up in defence in the partition suit. That was the only course available to them. When they failed
disposal of the appellant's suit for partition but if such a suit for partition be not brought within three months allowed then this ... till the disposal of the suit for partition but if no such suit for partition is brought then the stay of execution will stand cancelled
Defendant No.6, the partition suit lacks any basis. According to him,
therefore, the suit ought to be stayed. He relies on the judgments ... Partition suit, both proceedings either should be
decided together or the partition suit should be stayed.
Probate proceedings are summary in nature whereas
partition suit
days before this Court ordered notice and granted
stay, the plaintiff in the partition suit namely Sh. Yogender Nath
(last son) abandoned the suit ... High Court of Uttarakhand
only in January 2019, after the stay of partition suit granted in T.P
(C) No.970 of 2016 was vacated
arbitration proceedings were pending. Therefore, the question of taking the stay of partition suit would not arise. Under Section 35 , no reference nor award shall ... partition. The learned Counsel for the respondents Mr. Narsu submits that no steps were taken by the plaintiff for staying the partition suit
partitioned by combining/including into a same suit of the partition,
and since the partition suit has already been filed by the respondent ... partition suit can file a
subsequent suit for partition of the properties not
included in the previous suit? If yes, can the said suit
3262/2012
[hereinafter referred to as "partition suit"] for partition, possession,
rendition of accounts and for perpetual and mandatory injunction,
while raising questions ... Code may be invoked to stay the partition
proceeding. The moot question then arises is whether the partition suit
can be stayed by invoking
days before this Court ordered notice and granted
stay, the plaintiff in the partition suit namely Sh. Yogender Nath
(last son) abandoned the suit ... High Court of Uttarakhand
only in January 2019, after the stay of partition suit granted in T.P
(C) No.970 of 2016 was vacated
suit for
partition bearing Title Suit No. 301 of 2005 was dismissed.
4. Respondents No. 1 to 5 / plaintiffs filed suit for
partition being Title ... accordingly to avoid multiplicity of the suit, the proceeding of
title partition suit has to be stayed. Further it is stated that the
learned Court
