Background
Rajesh (Plaintiff) filed the partition suit against his sibling Ravi, Kavitha and Raghu during 2013 for Three (3 Nos) schedule property.
The cases were ended in compromise during 2018 by filing compromise petition in the court jointly by plaintiff and defendant.
In compromise petition it was agreed by all the parties that Rajesh, Kavitha and Raghu as to release the right of 3 schedule property to Ravi.
Accordingly suit of the plaintiff is decreed as per terms and conditions of compromise petition.
Agreed consideration was given to Rajesh, Kavitha and Raghu by Ravi.
Subsequently, Ravi sold two (2 Nos) schedule property. The Purchaser executed the sale deed during 2018 for the schedule property by including Ravi and his sibling as seller parties.
The entire siblings were part of sale deed. Subsequently, all the document/right was transfer in the name of Purchaser (Antony).
During April 2022, Rajesh (plaintiff) with same advocate filed the fresh partition suit on the same schedule property against his sibling and purchaser. In the affidavit Rajesh and his advocate not mentioned about earlier cases.
Question
1. On what ground the same court has accepted the fresh partition suit on the same schedule property and same person which were disposed during 2018.
2. Please advice , what are the possibilities to dismiss this case at earliest.
