dated 30.11.2016 is not justified and
hit by the principle of lis pendence. It is further contended that,
when in one hand State counsel ... action of the authority is hit by the
principle of lis pendence and, as such, is liable to be quashed.
To substantiate his claim, reliance
plaintiff did not make any averment regarding the Rule of lis pendence relating to a sale either in his plaint or his reply statement ... defendants went to trial with full knowledge that the question of lis pendence was in issue, had ample opportunity to adduce their evidence thereon
would govern the rights of
the parties in respect of even lis pendence" We do not propose to
analyse the Full Bench judgment delivered
Even
otherwise, every step being taken by either of the parties lis
pendence is not void. At best, any resultant position would
only be subservient ... writ petition, even the issue of either sub judice or lis
pendence has lost its significance.
Issue No.4:
36. If we examine the issue
decree passed in the suit on account of the doctrine of lis pendence as contained in Section 52 of the Transfer of Property Act. Provisions ... fact that in such a suit a plaintiff is protected be lis pendence the court does at times protest him further by an injunction restraining
that if valid panel of one year is expired
during the lis-pendence then relief could not be refused to the
petitioner on the ground
sales in their favour were hit by the doctrine of the lis-pendence. Accordingly it was held that the aforesaid defendants had no protection available ... appeal. Only defendants No. 2 and 3, who are admittedly transferees lis pendence have contested the present appeal. The aforesaid defendants have no independent right
transfer is made during pendency of the
suit the said sale is hit by the doctrine of lis-pendens and in
that event ... sold the land to the extent of his
share, lis-pendency will apply which will be subject to the
result of the suit
pendency of the suit, it will attract the principles of lis pendence, at this length of time, we are not inclined to vacate the interim
acknowledge, that the
mother's claim for maintenance is a lis pendence proceeding.
Factual Inaccuracies:
21. The impugned judgment records that "the daughter
