filing of the execution, will be hit by the principle of lis pendence.
19. In this regard, first of all it is necessary to take ... PHHC:106124
EFA-1-2024 2024:PHHC: 106124
of lis pendence contained in Section 52 of the Transfer of Property Act shall be
applicable
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
that
Ex.P7 sale deed is hit by lis pendence. At the time of his
arguments, the learned counsel for the defendant ... another party under a decree in suit.
The principles of lis pendence prevents anything done by
the transferee from operating adversely to the interest
declared
that the civil suit will be governed by the theory of lis
pendence. It is a specific case of the plaintiff that there ... Transfer of Property was taken
note off and the doctrine of lis pendence was considered. It is argued that if
there is a interim order
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
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
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
Property Act, the petitioners having purchased the property during the pendency of the lis is entitled to continue the litigation. He further argues that this ... rights of the purchaser of the property during the pendency of the lis, as there is no specific bar in the entire Transfer of Property
sale
deeds in their favour are hit by the principle of lis pendence contained in
Section 52 of the Transfer of Property ... Supreme Court that a person, not a party to the lis, affected
by a judgment of the High Court, can file an SLP or review.
Page
sale
deeds in their favour are hit by the principle of lis pendence contained in
Section 52 of the Transfer of Property ... Supreme Court that a person, not a party to the lis, affected
by a judgment of the High Court, can file an SLP or review.
Page
