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IQBAL (PRIVATE JOB)     22 May 2026

Segmented partition

In a partition suit , involving 7 defendants, around 5 defendants are already in a separate possession of independent floors with separate entrances and no interference with each other, including one defendant living separately on a self-constructed floor built from his own funds. Plaintiff was not in actual possession and did not object during reconstruction for 4 years, while some defendants are inactive in the case. In such circumstances, how do the court generally treat this kind of segmented possession during trial and final decree proceedings, and can active defendants independently secure protection/recognition of their separate portions without depending on inactive defendants? Also, strategically after PE and before DE, is it better to continue full trial or seek court-supervised settlement/partial recognition of existing possession structure?



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     22 May 2026

Since it is in the pre trial stage and tagged with practical problems due to the independent possession of some of the share holders, better refer the matter before Lok Adalat and go for settlement on the terms that will be proper and accepted by all parties.

Dr. J C Vashista (Advocate )     23 May 2026

Another hypothetical academic exercise ?


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