while Chinna Thimma Reddy was alive, for which, the abovesaid plaint schedule properties were reserved only for discharging the family debts, for which, the defendants 1 & 2 sold the properties to the third defendant. The sale amount was utilized for discharging the family debts. The plaintiff is well aware of the debts of the family. There was an enmity between the plaintiff and the defendants 1 and 2 for the past 8 years. The plaintiff had filed O.S. No.376 of 2006 for partition and separate possession, on the file of the District Munsiff Court, Hosur, O.S. No. 104 of 2007, on the file of this Court for partition and separate possession and further, the plaintiff has filed another suit in O.S.No.325/2007, on the file of the District Munsif Court, Hosur, for declaration of title and injunction, the same is pending on the file of the District Munsif Court, Hosur. The plaintiff had filed two suits for partition and one suit for declaration of title and injunction, which is against law and against the principles of C.P.C. The plaintiff filed the suit without adding the necessary parties and it is also hit by non joinder of parties for non inclusion of the other members of the family. Without filing the suit for general partition, plaintiff had filed partition of two survey numbers. Partial partition is not maintainable and thus pleaded to dismiss the appeal.
