Search Results for "pendente lite transfer"

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Search Results for "pendente lite transfer"

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High Court

Bombay High Court Allows Transfer of Domestic Violence Proceedings to Family Court for Joint Trial with Divorce Petition. The Court held that the Family Court has jurisdiction under Section 7 of the Family Courts Act and Section 26 of the Domestic Violence Act to try both matters together to avoid multiplicity of proceedings.

6 Sep 2018

The petitioner, Sandip Mrinmoy Chakraboarty, filed a Criminal Writ Petition before the Bombay High Court seeking transfer of proceedings under the Pro...

High Court

Bombay High Court Allows Amendment in Plaint to Include Relief Against Transferee Pendente Lite in Property Dispute. Transfer of Property Act Section 52 Applies to Bind Transferee Pendente Lite by Decree.

4 Jul 2013

The petitioners filed Regular Civil Suit No.742 of 1996 seeking declaration and permanent mandatory injunction against the respondents regarding suit ...

High Court

High Court of Bombay at Goa Dismisses Petition Challenging Impleadment of Purchaser Pendente Lite. Order 1 Rule 10 CPC Impleadment Proper as Purchaser is Necessary Party to Avoid Multiplicity of Proceedings.

21 Mar 2023

The petitioner, Fabrica Da Igreja De Vasco, purchased the suit property from the original defendant No.1 during the pendency of a suit filed by respon...

High Court

Bombay High Court Allows Second Appeal in Injunction Suit Involving Lis Pendens Transfer. Transfer of Suit Property During Pendency of Appeal Attracts Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882.

30 Sep 2010

The respondent filed a suit for injunction against Mohd.Osman, which was decreed on 1.4.2006. Mohd.Osman appealed on 15.4.2006. During the pendency of...

High Court

Bombay High Court Allows Decree-Holder's Execution Against Pendente Lite Purchaser in Possession Suit. Held that a purchaser pendente lite is bound by the decree and can be dispossessed in execution under Order 21 Rule 35 CPC without a separate suit.

20 Apr 2026

The petitioner, Kashinath Ramji Shinde (since deceased, represented by legal heirs), filed a suit in 1987 seeking possession, declaration, and mesne p...

High Court

Bombay High Court Division Bench Answers Referred Questions on Adequacy of Protection Under Section 52 of Transfer of Property Act and Grant of Interim Injunctions. The Court Examined Whether Section 52 TP Act Provides Sufficient Safeguard to Deny Injunction Pendente Lite and the Role of Notice Registration Under Section 18 of the Indian Registration Act.

4 Oct 2016

The appeal arose from an order of the Trial Court rejecting the appellant's application for temporary injunction in a suit for specific performance of...

High Court

High Court Dismisses Second Appeal by Pendente Lite Purchasers in Partition Suit Execution — Objections Under Order XXI Rule 97 Barred Due to Lis Pendens. Consent Decree in Appellate Court Not Proved Collusive; Rigors of Section 52 Transfer of Property Act Apply.

2 May 2025

The present second appeal arose from execution proceedings in a partition suit that commenced in 1974. The original plaintiff Shankarrao Kanakdande ha...

High Court

Bombay High Court Examines Whether Temporary Injunction to Restrain Alienation Pending Suit is Necessary Despite Section 52 of Transfer of Property Act, 1882. The Court Revisits Its Earlier Decision in Sharad Mor's Case in the Context of Multiple Appeals from Orders Refusing Injunctions.

3 Aug 2010

These appeals raised a common question about the necessity of granting a temporary injunction to restrain a defendant from creating third party intere...

High Court

Bombay High Court Dismisses Challenge to Impleadment of Subsequent Purchasers in Partition Appeal. Order 1 Rule 10 CPC allows joinder of parties whose presence is necessary for effective adjudication, even if purchase is during pendency of litigation under Section 52 of Transfer of Property Act, 1882.

9 Jun 2017

The petitioners, original plaintiffs in a partition suit, filed Regular Civil Suit No.268/2008 seeking half share in suit lands bearing Gat No.151 and...

High Court

Bombay High Court Allows Subsequent Purchaser to Join as Plaintiff Despite Lis Pendens — Order I Rule 10(2) CPC Not Barred by Section 52 of Transfer of Property Act. Transfer pendente lite does not preclude joinder of subsequent purchaser for effective adjudication of suit.

18 Jan 2014

The petitioner, Yogesh s/o Balaji Misar, filed a writ petition challenging the order dated 20-11-2012 passed by the Civil Judge (Jr.Dn.), Bramhapuri, ...

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