Court held that this case is
covered by the Principle of 'lispendens' and the appellant has no right to
stall Execution ... necessary to determine the objections filed by the
appellant due to lispendens.
Aggrieved by the order of the Executing Court dated
14.8.2003, the appellant filed
that the sale in question would be subject to the doctrine of
lispendens. Therefore, it cannot be simply held that since there has
been
defendants would hit by the doctrine of lispendens. Hence, the suit has been filed for partition and separate possession.
3. The 1st defendant resisted ... favour of 2nd and 3rd defendants is hit by the doctrine of lispendens.
11. The learned counsel for the plaintiff in support of his above
restraint
order against him, due to applicability of the principle
of lispendens and which virtually makes the property
inalienable or unencumberable at market rates ... plaintiff in the aforesaid
case, the court observed that the doctrine of lispendens will not
apply to the property that was subject matter
insufficient stamps and the same is hit by the doctrine of lispendens and sought the dismissal of the suit.
4. Considering the oral as well ... plaintiffs is hit by the doctrine of lispendens and not binding on the defendant. The counsel also contended that the suit was originally filed only
purchase the SECOND SCHEDULE PROPERTY free from all encumbrances, charges, liens, lispendens and claims whatsoever at or for the Total Aggregate Consideration ... follows:
1.The land is FREE from all encumbrances, Charges, Liens, Lispendens, Attachments, Trusts whatsoever.
2.There is no legal impediment or bar, within
property after the institution of the suit on the ground of
lispendens, but the exception in Section 52 of the Transfer of
Property ... provided under Section 52 of the Act is
that 'Rule of lispendens' shall not apply where the suit is
collusive
favour of the plaintiffs. Learned counsel further submitted that the doctrine of lispendens enumerated in Section 52 of Transfer of Property Act is applicable ... Guruswamy Nadar (supra), the Apex Court has considered the effect of lispendens between the original parties and has held that party purchasing the property after
pending proceedings. He would also quote the judgment that the lispendens would apply to those cases and such transfer cannot be considered as a bonafide ... thereafter. He would also submit that the doctrine of 'lispendens' would certainly operate and apart from that the injunction order passed
sale in favour of D13 is null and void and hit by lispendens, the same is also admitted by him in the written statement ... compromise. The plaintiff is under no obligation to implead a lispendens transferee. Section 52 of the Transfer of Property Act has been enacted with
