Partial Partition and Adverse Possession
1. We are 4 real brothers, 2 brothers are residing in a residential property created by our Father in city 'A' and other two do not have any possession in the said residential property and are living separately on their own in rental premises.
2. There is another residential property in city 'B', which is an ancestral property created by forefathers of my grandfather, where our distant cousins also have share, we (all 4 brothers) also have share in this property.
3. One of the brothers had filed a partition suit for the property in city 'A' only, as one of the brothers was not willing to part with the property (refer point 1), which is in their possession, ground floor of property in city ‘A’ (refer point 1).
4. Just need to confirm is the suit bad on account of partial partition clause, because Partition of property situated in city ‘B’ has not been brought under the suit and also the learned subordinate court has passed an adverse possession judgment against 2 brothers who were not residing in the house situated in city ‘A’.