AI Overview...

Right to Seek Partition - The right to seek partition is recognized as a continuing and recurring cause of action. Even after the dismissal or withdrawal of a previous suit, the cause of action persists, allowing for subsequent suits. This principle is reinforced by multiple judgments emphasizing that the legal right to partition remains alive until fully adjudicated or settled. Ashabai wd/o Rambhau Awachat VS Madhusudan s/o Rajaram Chourasia - Bombay, Kora Thomas VS Joseph Joseph - Kerala, Srinivas, Son Of Sri. Chikkamuniyappa VS M. C. Narayanaswamy, S/o. Chikkamuniyappa - Karnataka, SMT.SHESHAMMA W/O LATE K.NAGARAJA RAO, SINCE DECEASED BY HER LRs. vs SRI RAMESH KUMAR S/O LATE P.RAMACHANDRA RAO - Karnataka, SMT. SUMITHRA vs SRI W SHIVAKUMAR - Karnataka
Effect of Decree and Procedure - A decree for partition does not extinguish the right; rather, it clarifies or finalizes the division, but the right to seek partition can be reasserted if necessary. Procedures such as withdrawal do not bar future claims, especially when the cause of action continues to exist. Courts have held that the legal process allows for fresh suits based on the same cause if it remains unresolved. Kora Thomas VS Joseph Joseph - Kerala, Srinivas, Son Of Sri. Chikkamuniyappa VS M. C. Narayanaswamy, S/o. Chikkamuniyappa - Karnataka, SMT. SUMITHRA vs SRI W SHIVAKUMAR - Karnataka
Legal Principles and Statutory Rights - Under statutes like the Hindu Succession Act, 1956, the right to seek partition is an inheritable and statutory right, which is also considered a continuing cause of action. Amendments to laws, such as those enabling female heirs to seek partition, further support the ongoing nature of this right. SMT. SUMITHRA vs SRI W SHIVAKUMAR - Karnataka, Prathipati Jogayyamma VS Vobhilineni Veera Venkata Satyanarayana - Andhra Pradesh
Withdrawal and Substitution of Parties - Unilateral withdrawal by a plaintiff does not necessarily bar others from continuing pursuit of partition claims. Defendants can transpose themselves as plaintiffs and pursue their claims, emphasizing that the cause of action remains ongoing and not extinguished by withdrawal. SMT.SHESHAMMA W/O LATE K.NAGARAJA RAO, SINCE DECEASED BY HER LRs. vs SRI RAMESH KUMAR S/O LATE P.RAMACHANDRA RAO - Karnataka, SMT.ANASUYA W/O. KHANDOBA PAWAR vs SMT.YALLAWWA W/O. JYOTIBA WADAKAR @ PAWAR - Karnataka, K.G. Shankara BABU, S/o. Late Govindappa vs M. Chandra Shekar, S/o Late K. Munishamappa - Karnataka
Judicial Consensus - Courts consistently recognize that acts like trespass or disputes over joint property constitute continuing wrongs, giving rise to recurring causes of action, including for partition. This reinforces the legal principle that partition claims are inherently ongoing until fully resolved. Rana Amar Chand VS Ram Lal - Jammu and Kashmir

Analysis and Conclusion:
The prevailing legal doctrine affirms that a suit for partition is a continuing and recurring cause of action. Dismissal or withdrawal of previous suits does not extinguish the right to seek partition anew. Courts uphold that the right to partition remains alive until the property is fully divided or adjudicated, allowing parties to institute fresh suits based on the same cause of action. This principle ensures that joint owners or heirs retain their statutory and legal rights to seek partition over time, supporting the view that the right to seek partition is inherently ongoing.

Search Results for "Right to Seek Partition is a Continuing Cause of Action"

Ashabai wd/o Rambhau Awachat VS Madhusudan s/o Rajaram Chourasia

2017 0 Supreme(Bom) 709 • India - Bombay

A.S.CHANDURKAR

suit for partition is a continuing cause of action. ... even after dismissal of the former suit, the jointness continues and there is a continuing cause of action. ... .- Dismissal of earlier suit for partition would not bar subsequent suit for partition having different cause of action from earlier ... In any event, it was submitted that the right to seek #HL_S....

1971 0 Supreme(Ker) 282 • India - Kerala

P.S.POTI

Partition - Effect of Decree - O.2, Rule 2 of the Code of Civil Procedure - The court discussed the effect of a decree for partition ... Fact of the Case: The plaintiff claimed 1/3 share in the suit properties in an earlier suit and later sought partition ... Issues: The issues involved the effect of a decree for partition in an earlier suit, the applicability of O.2, Rule 2 of the ... It is true that for a suit for partition the cause of action is a recurring one.....

Srinivas, Son Of Sri. Chikkamuniyappa VS M. C. Narayanaswamy, S/o. Chikkamuniyappa

2024 0 Supreme(Kar) 476 • India - Karnataka

V. KAMESWAR RAO, C. M. JOSHI

of action in the current suit was different from the previous one, and the right to seek partition is a recurring cause of action ... Ratio Decidendi: The court held that the right to seek partition is a continuing right and that Order IX Rule ... regarding the dismissal of suits and the right to file fresh suits for partition, establishing that the c....

K.G. Shankara BABU, S/o. Late Govindappa vs M. Chandra Shekar, S/o Late K. Munishamappa

2025 Supreme(Online)(Kar) 21057 • India - IN THE HIGH COURT OF KARNATAKA AT BENGALURU

M.NAGAPRASANNA

Judgments emphasized principles of withdrawal in partition suits. ... ... ... Facts of the case: ... The plaintiff sought to withdraw a partition suit. ... ... ... Result: The petition is rejected, maintaining the standing order in a partition suit. ... NARAYANASWAMY in RFA 946 OF 2018 decided on 26-07-2024, which holds that it is a settled principle of law that a suit for partition is a recurring and continuing cause of action and the right to ....

SMT.SHESHAMMA W/O LATE K.NAGARAJA RAO, SINCE DECEASED BY HER LRs. vs SRI RAMESH KUMAR S/O LATE P.RAMACHANDRA RAO

2025 Supreme(Online)(Kar) 17290 • India - Karnataka High Court

M. NAGAPRASANNA, J

The Court held that in a partition suit, the unilateral withdrawal by the plaintiff cannot be permitted if any defendant objects, ... It reinforced that defendants are entitled to transpose themselves as plaintiffs and continue pursuing their claims for partition ... Procedure Code 1908 challenging the order of the LXXV Additional City Civil and Sessions Judge dismissing a memo for withdrawal from a partition ... NARAYANASWAMY in RFA 946 OF 2018 decided on 26-07-2024, which holds that it is a settled principle of law that a suit for #HL_S....

2025 Supreme(Online)(Kar) 20635 • India - Karnataka High Court

(A) Hindu Succession Act, 1956 - Section 8 - Right to seek partition of joint family properties is a statutory inheritable right ... - Delay in filing appeals condoned due to the nature of partition suits involving inheritance rights. ... (Paras 24-25) ... ... (C) Partition - Division of estate must consider all legal heirs based ... The right to claim a share in joint family property is a recurring and continuing cause of #HL_STA....

2020 0 Supreme(Mad) 2094 • India - Madras

R.SUBBIAH, T.KRISHNAVALLI

Civil Procedure Code, 1908 - Order VII Rule 11 - Benami Transaction Act - Suit for partition and separate ... Naidu alone was having half share in land covered under the sale deed or Govindasamy Naidu and Chinnasamy Naidu are having equal right ... legal heirs viz., defendants - Revenue records also stand in the name of their father Ramachandran - Plaintiff in O.S. asserts a right ... We therefore hold that right to bring an action for partition is a continuing #HL_ST....

Prathipati Jogayyamma VS Vobhilineni Veera Venkata Satyanarayana

2013 0 Supreme(AP) 169 • India - Andhra Pradesh

SAMUDRALA GOVINDARAJULU

partition of joint family properties including a dwelling house – Amendment can operate retrospectively and amended law could be ... (as amended by Act 39 of 2005) and 23 (deleted by Act 39 of 2005) - Female Hindu succession – Post amendment, a female heir can seek ... Such a right could be enforced if a cause of action there for arose subsequently. ... A right of the son to keep the right of the daughters of the last male owner to seek for #HL_START....

1975 0 Supreme(J&K) 22 • India - Jammu and Kashmir

S.MURTAZA FAZAL ALI

The act of trespass is a continuing wrong, giving rise to a recurring cause of action. 3. ... The court further held that the act of trespass is a continuing wrong, giving rise to a recurring cause of action, and that the right ... Whether the act of trespass is a continuing wrong, giving rise to a recurring cause of action? 3. ... Thus there appears to be a general consensus of judicial opinion on the question tha....

SMT.ANASUYA W/O. KHANDOBA PAWAR vs SMT.YALLAWWA W/O. JYOTIBA WADAKAR @ PAWAR

2025 Supreme(Online)(Kar) 33596 • India - Karnataka High Court

MR. R.NATARAJ, MR. RAJESH RAI K, JJ

of action for partition. ... The earlier suit's withdrawal did not hinder their entitlement to seek partition. ... (A) Hindu Succession Act, 1956 - Sections 6 and 8, Hindu Adoptions and Maintenance Act, 1956 - Suit for partition dismissed by the ... (ii) He contends that the suit for partition is based on a continuing cause of action. A mere withdrawal of the suit does not put an end to the cause of acti....

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