final decree proceedings, thereby, the alienations made
are hit by lis pendence. The lis pendence purchaser
purchasing a disputed property cannot improve upon his
rights ... lis pendence purchasers have no title
over the property, since all the transactions took place
during pendency of the litigation hit by lis pendence
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
trial court, the same is hit by the principles of
lis pendence. Therefore, the trial court has rightly granted
temporary injunction against the appellant from ... Learned counsel further submitted that principles of
lis-pendence is applicable in favour of the appellant and not in
favour of respondent
contended that the sale
deed is hit by principles of lis-pendence and defendant
No.1 cannot take any defence. Though there is
temporary injunction ... during the
pendency of the suit is hit by doctrine of lis-pendence
and it is not binding on the plaintiff.
11. Aggrieved
null and void
as the same amounts to lis pendency in view of Section 52
of the Transfer of Property Act, 1882 and for permanent ... defendant No.1 in favour of
defendants is amounts to lis pendence and it is
null and void?
Issue No.2: Whether plaintiff proves 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
suit binds the subsequent purchaser, by applying the
principle of lis pendence. It is submitted that the sale in
question has taken place when there ... filing the appeal, if
the sale takes place, the principles of lis pendence applies
deed was indeed executed, the transaction is hit by principle of
lis pendence. Therefore, the petitioner cannot be permitted to
come on record, when ... which was subsequently came to be decreed.
Therefore, principle of lis pendence as provided under Section
52 of Transfer of Property Act will come into
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
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
