Section 9. Saving of power to order partly partition and partly sale
In any suit for partition the court may, if it shall think fit, make a decree for a partition of part of the property to which the suit relates and a sale of the remainder under this Act
Judgements applying section 9
No. - 2025:AHC:14268 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 972 of 2025 Petitioner :- Arun Kumar Pandey Respondent :- Smt. Usha Tripathi Counsel for Petitioner :- Anoop Tiwari,Bhishm Pal Singh Hon'ble Piyush Agrawal,J. Heard
The court dismissed the execution petition seeking partition by metes and bounds of a property, holding that the decree for sale by auction could not be altered by the executing court and the Division Bench order had not modified the decree.