suit would not for the purpose of the rule of lispendens, relates back to the date of the institution of the suit."
The same
favour of plaintiff would fell within
the ambit of the doctrine of lispendens. The plaintiff will not get
any right over the said property
held on 24-10-1980 are all hit by the doctrine of lispendens because of the suit O.S.No. 2097/1980 which was filed
plaintiff
in the aforesaid case, the court observed that the
doctrine of lispendens will not apply to the property
that was subject matter ... doctrine of lispendens is applied in respect of the suit
property."
8. Then, he also relied on the judgment
A Nagaraj vs B Honnaiah on 21 December, 2023
Author: V. Srishananda
Bench: V. Srishananda
apartment is free from all types of encumbrances,
mortgages, charges, lien, lispendens etc., and did not
mention the direction issued by this Court ... apartment is free from all
29
types of encumbrances, mortgages, charges, liens,
lispendens etc., and that the schedule property is not the
subject matter
straightaway concluded that the sale under Ex.P5 is hit
by lispendens and that it was a fit case for interference
appellant- plaintiff can very well take the assistance of
doctrine of lispendens as defined under Sec.52 of Transfer
of Property Act and such alienations ... under the
'Doctrine of Lispendens' therefore, this Court finds no
infirmity in the reasons and conclusions reached by the
trial Court in rejecting
appellant- plaintiff can very well take the assistance of
doctrine of lispendens as defined under Sec.52 of Transfer
of Property Act and such alienations ... under the
'Doctrine of Lispendens' therefore, this Court finds no
infirmity in the reasons and conclusions reached by the
trial Court in rejecting