mandatory for the State Government to
record an entry of lis pendence in the land record, including the
7/12 extracts maintained under the Maharashtra ... Court where the lis is pending. Since the
Maharashtra Land Revenue Code itself do not provide for
inclusion of a lis pendence in the record
Court
has not given any direction to make an entry of
lis pendence in the revenue record while passing
the order in Civil Application ... observation that the petitioners would be
at liberty to get the lis pendence registered
with the concerned Registrar showing the
pendency of the proceedings
substantial
questions of law arise for determination:-
(i) Whether rule of lis pendence as provided under Section 52
of the Transfer of Property ... observing that the plaintiffs are purchasers are governed by rule of lis
pendence. Various revision petitions were filed against the aforesaid order
passed
mandatory for the State Government to
record an entry of lis pendence in the land record, including the
7/12 extracts maintained under the Maharashtra ... Court where the lis is pending. Since the
Maharashtra Land Revenue Code itself do not provide for
inclusion of a lis pendence in the record
post-suit purchaser, is hit by the doctrine of lis pendence.
Application for additional evidence by defendant No. 2:
5. Mr. Dasgupta had filed ... then prevailing.
Defendant. No. 2 transferee for value without notice: Lis pendence:
11. The ground that the defendant No. 2 was a bona fide transferee
Transfer of Property
Act on 1st February, 2010. After registration of lis-pendence the defendant no.
1 has created interest in favour of defendant ... agreement and during the subsistence of litigation even after registration
of lis-pendence is illegal. According to Counsel appearing for plaintiff-
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liable to be
dismissed in view of the doctrine of lis-pendence as
provided under section 52 of Transfer of Property Act?
OPDH
4) Whether ... sold
the property to Sh. Hakikat Ali, then the principle of lis-pendence is
not applicable.
REPLY OF THE DECREE HOLDER:-
On the other hand
defendant No. 2 is not hit by the bar of the lis-pendence?
3. Whether the plaintiff is entitled to the relief of specific performance ... defendant No. 2 was hit by the provisions of lis pendence and consequently held that the plaintiff is entitled for specific performance of the Agreement
suit
and the same is hit by the doctrine of lis pendence. That
the petitioner does not have any independent right over the
said property ... assertion
that his purchase would not tantamount to a lis pendence
and he has acquired an independent right in the suit
property
sale and consequential
relief. They also registered a notice of lis pendence with the
office of Sub-Registrar. The defendants No.1 to 3 executed ... suit was filed, the
plaintiffs also registered a notice of lis pendence. Admittedly,
the sale deed executed by defendants No.1 to 3 in favour
