Defendant in favour of Plaintiff No.6 is barred
bylaw of lis-pendency. The Plaintiff No.6 has no locus-standi to seek
partition ... lis pendens. But, in this case, the
purchaser made by the Plaintiff No.6 is not hit by lis pendency as
per the above said
hectare. The principle
8 F.A.No. 290/2010
of lis pendence is not attracted because before agreement, some part of
the property was already ... later on and suit is
not for declaration, therefore, principle of lis pendence is not attracted
and trial Court in para 30 caused illegality
required to institute any legal proceedings as the rule of lis
pendence and/or principles analogous thereto, would apply. Clause ... recourse to legal
action qua the 2008 sale deed as the lis pendence rule applied is, to my
mind, a submission which is unmerited
sale can be ignored on the basis of rule of
lis pendence particularly when it is proved that the previous
litigation was result of collusion ... result of
collusion between the parties and therefore, rule of lis pendence would not
be applicable. The counter claim filed by defendant
submitted that being Lis
pendence, the transfer made by the respondents to a third party
despite the undertaking given by them not to alienate ... said
property is hit by the Doctrine of Lis Pendence under Section 52 of the
Transfer of Property Act.
7. The learned counsel
submitted that being Lis
pendence, the transfer made by the respondents to a third party
despite the undertaking given by them not to alienate ... said
property is hit by the Doctrine of Lis Pendence under Section 52 of the
Transfer of Property Act.
7. The learned counsel
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
passing of decree by this court. The D.H. has produced lis
pendence notice, which is registered by him before Sub-Registrar,
Ausa ... registered lis pendence notice on
16.11.2015. It means prior to executing the sale deed in favour
of the present applicants. Admittedly the present applicants have
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
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
