Ladle Saheb's suit for specific performance is not affected by lis pendens and (2) whether Mohamad Hussain can claim immunity from the operation ... principle of lis pendens by relying upon Ex. I allegedly executed before the institution of Ladle Saheb's suit.
7. With regard
doctrine of lis pendens, under Section 52 of the Transfer of Property Act. Since defendant 6 by then had expired, his L.Rs were brought ... between the plaintiffs and defendant 6 and hence the doctrine of lis pendens has no application. It was also contended that the preliminary decree
Considering the application and objections filed by
the parties to the lis, the Trial Court by the impugned order
22
dated 17.02.2016 dismissed ... have heard the learned counsel for the parties to
the lis.
II Rival contentions of the learned Counsel
for the parties
8. Sri Ananth Mandagi
between respondent Nos 4 and 1 is hit by the
principle of lis pendens as per Section 52 of the Transfer
of Property ... hence, bar under Section 52 of the TP Act
i.e., lis pendens cannot be made applicable to the
agreement for sale
auction sale is hit by the principle of lis pendens?
2.2. This question stands answered by the Court-below in the affirmative by its impugned ... impugned order, rejected her objection holding that the doctrine of lis pendens under Sec. 52 of the Transfer of Property
entitled to the benefits flowing from this final decision.
9. 'Lis' means a suit, action, controversy or dispute. A legal action means judicial ... however argued that though the doctrine of 'lis pendens' in the T. P. Act and Order 21, Rule
favour of
N.K.Giriraja Shetty was hit by doctrine of lis
pendens and that the Sale Deed executed on
09.11.1974 does not bind ... pendency of the
suit and it is hit by the doctrine of lis pendens.
He submits that the suit for maintenance
such, having withdrawn the entire
compensation by Lokeshaiah, lis attained finality.
31. Can a litigant be allowed to re-agitate the
inadequacy of compensation after ... entire compensation
- 18 -
MSA No. 143 of 2023
amount is received and lis has come to finality is a moot
question in not only
favour of defendants-2 and 3 is hit by doctrine of lis
pendens. Section 52 of 5he T.P. Act which incorporates this
doctrine ... lis pendens reads as under:-
37
"52. Transfer of property pending suit
relating thereto.-
During the pendency in any court having
authority within
amendment is not applicable to these cases in the light of the lis having commenced prior to the amendment dtd 1-8-2004. The commercial ... Whether the tribunal is justified in giving a finding that the lis commences on the date when the return is filed or is required
