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
suit, therefore, the said transaction is governed by the principle of
lis pendence. In para 24A it was proposed that the sale-deed dated ... Navrajmati be
declared as barred by the doctrine of lis pendence and it be also
declared that it is null and void to the extent
through the said Rajeswari, it amounts to lis pendency. Hence the petitioner is not a necessary or a proper party to decide the issue ... necessary or proper party since his transaction is only lis pendency etc and resultantly dismissed the petition.
3. The learned counsel for the petitioner contends
through the said Rajeswari, it amounts to lis pendency. Hence the petitioner is not a necessary or a proper party to decide the issue ... necessary or proper party since his transaction is only lis pendency etc and resultantly dismissed the petition.
3. The learned counsel for the petitioner contends
possession before the litigation commenced and that the
principles of lis pendence were applicable. The objector claims to be a tenant in
the premises which ... others 2008
(3) RCR (Civil) 145 to submit that rule of lis pendence would apply and the Court
had examined the issue and found that
pendency of the appeal.
Therefore, both the sales are hit by lis
pendence and hence, the Petitioner cannot
claim any interest in the property ... been purchased during the
pendency of a suit i.e., purchase lis pendence
inasmuch as such purchase would be under a
defective title.
14.5. Though
Therefore, the
alienation obviously would be hit by
the doctrine of lis pendence by
operation of Section 52 of the Transfer
of Property ... Therefore, the alienation obviously will
be hit by the doctrine of lis pendence."
8
16. x x x x x x
17. The Appellate
dated 5.4.2000. It is pertinent to mention here that the purchases lis pendence i.e. Rohtash and Smt. Anguri did not file an application ... purchase made by the petitioner is hit by the doctrine of lis pendence by operation of Section 52 of the Transfer of Property Act, therefore
whether the alleged sale deed is hit by the Doctrine of lis
pendence? While considering the second issue the trial
Court held that the issue ... regarding the Doctrine of lis
pendence cannot be framed in the absence of any pleading
in that regard in O.S.No.1540/2008
pending, the transaction is hit by
lis-pendence. Without considering these aspects, the learned Subordinate
Judge Coonoor, has wrongly concluded that the settlement transaction ... lis-pendence and therefore, the property cannot be brought for
sale. He prayed for setting aside the order of learned Subordinate Judge,
Coonoor
