partial decree in a partition suit

rajendra (Querist) 08 December 2008 This query is : Resolved
Can there be a partial decree passed by the court invoking powers under Order 23 rule 3 of C.P.C - Plaintiffs, Defendants (The family members) can they seek for partial decree to jointly sell one of the items of the schedule properties to the plaint to a third party and continue to fight against other properties ?

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G. ARAVINTHAN (Expert) 08 December 2008
Till the date of order of the partition, no conveyancing to be done in the suit scheduled properties.

anonymus (Expert) 08 December 2008
no it cannot be done. no partial decree can be passed. any how if the vendee is willing they can sell the property to him and can exonorate the same from the suit.

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