Search Results for "lis pendens"

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Search Results for "lis pendens"

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High Court

High Court of Karnataka Upholds Section 9 Order Against Transferee of Property in Arbitration Dispute — Lis Pendens Applies to Non-Signatory Purchaser. Arbitration clause binds subsequent purchaser of property subject to arbitration agreement, and lis pendens applies to Section 9 proceedings under the Arbitration and Conciliation Act, 1996.

24 Jul 2024

The appellant, M/s Devtree Corp. LLP, purchased a property from the original owner who was a party to a development agreement containing an arbitratio...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Lower Courts. Plaintiff Failed to Prove Title and Possession Over Suit Shop; Adverse Possession Claim Rejected Under Limitation Act.

28 Mar 2014

The case involves a second appeal filed by the appellant, who is the grand-daughter-in-law of the original plaintiff Gangabai Gilda. The suit property...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance. Court holds that the Trial Court's order refusing to set aside ex-parte decree under Order IX Rule 13 CPC was not perverse or capricious, and the petitioner failed to show sufficient cause for non-appearance.

13 Sep 2024

The petitioner, Sri. Raoji S/o. Devaji Patel, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order date...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC where courts below concurrently found that plaintiffs failed to prove title and possession.

26 Jul 2022

The appellants, legal representatives of the original plaintiffs, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, agains...

High Court

Bombay High Court Allows Subsequent Purchaser to Join Appeal in Specific Performance Suit — Lis Pendens Does Not Bar Participation as Proper Party. The court held that a subsequent purchaser, though bound by the decree under Section 52 of the Transfer of Property Act, 1882, is entitled to be heard in the appeal as a proper party to protect his interest.

27 Feb 2014

The petitioner, Shrikrushna Narayan Tupkari, filed a writ petition challenging the order dated 19.5.2013 passed by the learned District Judge-2, Akola...

High Court

Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

2 Apr 2026

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

Supreme Court

Supreme Court Rules Appeal Does Not Abate if Estate is Sufficiently Represented.

12 Jan 2026

This judgment concerns two connected civil appeals arising from suits for specific performance and eviction. In Civil Appeal No. 172 of 2026, the High...

Supreme Court

Supreme Court Allows Appeal in Property Dispute, Reverses High Court's Dismissal of Second Appeal Under Section 100 CPC. The High Court's failure to frame a substantial question of law as required under Section 100 of the Code of Civil Procedure, 1908, rendered its judgment unsustainable, leading to remand for fresh consideration.

23 Apr 2025

The appeal arose from a property dispute involving cancellation of sale deeds, recovery of possession, and injunction. The appellants, second to fifth...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit, Restrains Subsequent Purchaser from Alienating Property During Pendency of Suit. Doctrine of lis pendens under Section 52 of Transfer of Property Act, 1882 applies to subsequent purchaser who bought property during pendency of suit for specific performance.

9 Oct 2013

The appellant, M/s. Rehab Housing Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 16 April 2006 against the original o...

High Court

Karnataka High Court Allows Revision Petition in Property Declaration Suit — Order VII Rule 11(d) CPC Application Rejected as Plaint Discloses Cause of Action. Court holds that the plaint cannot be rejected under Order VII Rule 11(d) CPC when the plaintiff's claim is based on a different title and the earlier decree is challenged as not binding.

23 Jun 2023

The case arises from a civil revision petition filed by the petitioner (defendant No.1 in the original suit) challenging the order dated 02.06.2022 pa...

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