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
para 3(a) to (e) shall be subject to
principle of lis pendence.
3. Being aggrieved by the order dated 06.09.2018 passed in
injunction application ... learned
Trial Court while passing order putting clips of principle of lis
pendence upon transfer of disputed property. It is submitted
that plaintiff has also
position of law as laid down by the Supreme Court during lis pendence, another Coordinate Bench can certainly decide the application and give relief according ... later point of time by the Supreme Court during lis pendence, if applied to the facts of the case, may result in upsetting the earlier
Gujarat
merely lays does procedure for registration of notice of Lis
Pendence. It does not confer any rights on the persons seeking such
registration. Sections ... automatically entitle the petitioner to get
entered the notice of lis pendence in the revenue record. For that
purpose, the petitioner has to satisfy
favour of the defendant. It is contended that
though there was lis pendence, the land was sold by the
registered sale deed and the sale ... Thus, the suit was prior to sale deed and therefore, lis
pendence is clearly applicable. It is contended that the learned
trial Court
favour of the defendant. It is contended that
though there was lis pendence, the land was sold by the
registered sale deed and the sale ... Thus, the suit was prior to sale deed and therefore, lis
pendence is clearly applicable. It is contended that the learned
trial Court
respondent no.2
as well as a deed of Lis Pendence dated 4th August,
2008, copy of the plaint of the said suit showing ... Civil Court; as referred to above, the
applicant got registered lis pendence before the Sub
Page 21 of 29
HC-NIC Page
Supreme Court and
submitted that the lis pendency could not have been refused to be
Page 3 of 8
Downloaded ... lis pendens and therefore, registration of lis
pendens was refused in case of the petitioner by rejecting his
application for registration of lis pendency
record, the concerned judicial
Court can pass appropriate orders for recording lis pendency in an entry.
3. Learned advocate Mr.Barot appearing for the petitioner ... pleased to direct the respondent authority to mutate an entry of lis
pendence registered at serial No.268 of 2013 before Sub-
registrar, Dhari
direction directing the Resp. No.2 to mutate the entry of
lis pendence as per the application given by the
petitioner;
(B) Pending admission, hearing ... direct the Resp. No.2 to mutate the entry of lis
pendence as per the application given by the
petitioner;"
Page