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
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
appellant was void because of
the principles of the lis pendence under Section 52 of the Transfer of
Property Act.
On such consideration ... instant suit is thus covered
by the principle of lis pendence envisaged under Section 52 of the Transfer
29
of Properties Act, 1882 in view
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
Sonali
xii. In the meanwhile, on 19th October 2007, Lis-
Pendence Notice was registered by Respondent No.1 and
accordingly on 22nd October 2007, Mutation ... Talathi
concerned to record entry no.1576 unless and until
lis pendence entry no.1570 is disposed off. The
conduct of Circle Inspector is highly
upon the plaintiff. It has been further
stated that doctrine of Lis Pendence is applicable against the
defendant ... defendants have further taken the stand that the
Doctrine of Lis Pendence does not apply in the present case. The
defendants have prayed that
Court has dismissed the application on the ground that
principle of lis pendence is applicable. Therefore, purchaser will be bound by
judgment and decree which
lis to maintain status quo in all respects qua
the suit property, till the next date of hearing i.e. 16.08.2022.
4. During the pendency
favour of the other defendants is hit by the doctrine of lis
pendence i.e., Section 54 of the Transfer of Property ... defendants 2 and 3 have purchased the suit property during
the pendency of the suit under Ext.D27, dated 08.12.2008 from the first
defendant
Transfer of Property Act, 1882 which
deals with Doctrine of Lis Pendence.
59. It is submitted that DRT Act is a complete code