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
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
whether the sale in their favour is hit by the doctrine of
lispendens. It returned a finding that the said defendant-appellants have
purchased ... present suit, it was held to be hit
by the doctrine of lispendens. Consequently, the plea of bona-fide purchaser
without notice is not available
registered
on 3.8.04 was hit by the provisions of lispendens and the
present suit is not maintainable.
4. Whether the plaintiffs has no locus standi
adjustment at the time of partition and
there are principle of lispendens to protect the rights of
the plaintiffs, if any, against the alienation
possession of the suit property. Therefore, in view
of the principle of lispendens, he was bound by the
decree passed against the J.Ds, though ... during pendency
of the proceedings and is hit by the principle of
lispendens"
9. There is no dispute by either side that Rent
Transfer of Property Act as well as by the doctrine of lispendens;
defendant No.1 also moved an application No.16-C of 01.10.2003 whereby
observed thus :
"42. It is well settled that the doctrine of lispendens does not
annul the conveyance by a party to the suit
Whether Ld. First Appellate Court has wrongly
applied the principle of lispendens under Section 52 of
the Transfer of Property Act to the registered sale
that
transferee pendent-lite is presume to have constructive
notice of the lispendens, therefore, he has to sink and
swing together with the transfers
