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
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
necessary or
proper party to the proceedings and the doctrine of lis pendence.
2
Questioning the said order, the present Civil Revision Petition is
filed ... learned counsel for the petitioners that the doctrine of
lis pendence does not render transaction void by merely makes it
subservient to the ultimate decree
issue contested by
the parties.
7. The doctrine of lis pendence has been
incorporated in Section 52 of the Transfer of Property ... well-known that the doctrine of lis pendence
embodies a public policy that it is necessary for
administration of justice that the decision
Court are extracted as under:-
"i) Whether the principles of lis pendence would apply in a
case where sale has been effected after filing ... appeal has been granted.
In other words, whether the principles of lis pendence would
apply in respect of sales executed in favour of the appellant
ground that claim of the applicants is hit by
lis pendence. Against the order dated 05.02.2005 passed in Misc. Case ... dismissed on a similar ground, that
the applicants are bound by lis pendence.
6. The doctrine of lis pendence has been incorporated in
section
wherein, the Orissa High
Court has concluded that a lis pendence transferee has a substantive
interest over the property transferred in his favour ... under Order XXII Rule 10 of the
CPC that if the lis pendence transferee opts not to implead himself, he
shall be bound
deed dtd. 29/07/2008 and same is not hit by Lis
Pendence, in view of the necessity of compulsory registration of Lis Pendence
within ... defendant nos. 1 to 11 is hit by the doctrine of Lis Pendence will have to
be decided after giving opportunity to the parties
would govern the rights of
the parties in respect of even lis pendence" We do not propose to
analyse the Full Bench judgment delivered
