Bengaluru | 31 May, 2022 (2 months, 1 week ago)

Property Law

Disposed partition suit, filed as new suit

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 courtjointly 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.  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 scheduleproperty and same person which were disposed
Answers
01 Jun, 2022 | 20:18

You may contact us for free advice

THANKS & REGARDS,
Komal Tyagi Advocate
Criminal Lawyer
LL.M.

Founder- Justice In You
support@justiceinyou.com
+919667660556


01 Jun, 2022 | 11:18

I'll provide you certain legal suggestions, but for that i need to ask certain questions from you. For any further assistance, feel free to contact me on my e-mail "shubhampabbiadv@gmail.com"

regards,
Shubham Pabbi & Associates


31 May, 2022 | 16:26

You will have to file an application under Order 7 Rule 11 of CPC. In that you will have to mention that the issue has already been decided and hence, the same is thus barred by law. Thus, relief to reject the fresh suit.


31 May, 2022 | 12:29

I'll provide you certain legal suggestions, but for that i need to ask certain questions from you. For any further assistance, feel free to contact me on my e-mail "shubhampabbiadv@gmail.com"

regards,
Shubham Pabbi & Associates


31 May, 2022 | 12:28

Please reach me at 9794148274


31 May, 2022 | 11:53

Dear client
As per your submission it reveals that this is a matter of partition suit as per Hindu succession Act and compromise and fresh suit
However
Please show me copy of petition and give me details information about the matter then we will discuss your case
You can call me for advise on
9359867870


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