Naga Prahlad Das(D)Mahant Govind Das vs Ramnaresh & Anr. on 27 February, 2023

[Cites 3, Cited by 1]

Madhya Pradesh High Court

Naga Prahlad Das(D)Mahant Govind Das vs Ramnaresh & Anr. on 27 February, 2023

Bench: Dwarka Dhish Bansal

                                                                   1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                           SA No. 1789 of 2005
                                          (NAGA PRAHLAD DAS(D)MAHANT GOVIND DAS Vs RAMNARESH & ANR.)

                          Dated : 27-02-2023
                                    Shri P.K. Dwivedi, learned counsel for the appellant.

                                    Shri H.K. Upadhyay, learned counsel for respondent 1.

Shri G. Parashar, learned Panel Lawyer for respondent 2/State.

Heard on IA No.559/2023, which is an application seeking temporary injunction, restraining the respondent 1 from alienating the suit property and creating third party interest over it.

Previously this second appeal was admitted for final hearing on 10.01.2006 and interim order was passed to the effect that parties shall maintain status-quo in respect of the property in dispute and they shall not create any third party interest in the property, which was vacated on 23.11.2017. Accordingly, the present application has been filed.

Considering the order of admission, nature of property, as well as the right of the parties in dispute, it is hereby directed that both the parties shall not create any third party interest during pendency of this second appeal.

The order passed today by this Court shall come in effect from today itself.

Also heard on IA No.560/2023, which is an application under Order 1 Rule 10 CPC for impleadment of transferee purchasers, as party.

It is well settled that in the light of Section 52 of the Transfer of Property Act, transferee purchasers are bound by the decree. The Supreme Court in the case of SANJAY VERMA V/S MANIK ROY AND ORS AIR 2007 SC 1332 has held as under:

Signature Not Verified Signed by: SWETA SAHU Signing time: 2/28/2023 6:13:02 PM 2

"12. The principles specified in Section 52 of the T.P. Act are in accordance with equity, good conscience or justice because they rest upon an equitable and just foundation that it will be impossible to bring an action or suit to a successful termination if alienations are permitted to prevail. A transferee pendente lite is bound by the decree just as much as he was a party to the suit. The principle of lis pendens embodied in Section 52 of the T.P. Act being a principle of public policy, no question of good faith or bona fide arises. The principle underlying Section 52 is that a litigating party is exempted from taking notice of a title acquired during the pendency of the litigation. The mere pendency of a suit does not prevent one of the parties from dealing with the property constituting the subject matter of the suit. The Section only postulates a condition that the alienation will in no manner affect the rights of the other party under any decree which may be passed in the suit unless the property was alienated with the permission of the Court."

In the light of aforesaid legal position, it is directed that the transferee purchasers namely "Yogesh Kumar Kaurav, Deepak Kaurav and Anuj Pratap Singh" shall also be bound by the decree, if any, passed by this Court in the present second appeal and shall also be bound by the order passed today in respect of alienation.

With the aforesaid observations, the IA No.560/2023 is disposed off/closed.

List for final hearing as per its turn.

(DWARKA DHISH BANSAL) JUDGE ss Signature Not Verified Signed by: SWETA SAHU Signing time: 2/28/2023 6:13:02 PM

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