date when the attachment was first made and would render invalid any alienation in the interim period.
32. In the case of Nancy John Lundon ... have the effect of restoring the attachment retrospectively so as to affect alienations made during the period between dismissal of the suit or execution application
village Himayunpur, Tehsil Jhajjar, District
Rohtak, out of love and affection, alienated the same, in favour of the
plaintiff, vide decree dated
After finding that the second defendant's
right will be affected if alienations are made by the owner
Bhargavaraman Unnithan, Ext.B9 decree ... 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
Mangli was not to be affected by
R.S.A. No. 1701 of 1986
11
alienation, dated 9.4.1945 except to the extent
settlement with regard to some matter.
60
word "disposition", "alienation", "partition" and "tee-tdinéntary
disposition" used ... application and It shallln-ot affect.'o-rginvaliidate any
disposition or alienation' _o;r_ or testamentary
disposition whichhas takerr place
Provided that nothing contained in this sub-
section shall affect or invalidate any disposition or
alienation including any partition or testamentary
disposition of property which ... affect-
(a) the right of any creditor to proceed against the
son, grandson or great-grandson, as the case
may be; or
(b) any alienation
upon the
petitioner under an agreement dated 25.3.2009 or transferring, alienating or
otherwise affecting any rights granted thereunder. The petitioner has also
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Provided that nothing contained in this sub-section shall affect or invalidate any
disposition or alienation including any partition or testamentary disposition of property
which ... affect -
(a) the right of any creditor to proceed against the son, grandson or great-grandson, as
the case may be; or
(b) any alienation
AOGJR-542.10
to the litigation can alienate the
property in suit so as to affect his
opponent."
(emphasis supplied)
8. In Pramatha Nath ... 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
order of the Court had not been obtained for alienation of those properties. Therefore, the alienation would be hit by the doctrine of its pendens ... that an individual whose rights are affected, must be a party between whom and the party alienating, there is an issue for decision. Further
