Search Results for "Lis pendens"

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Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
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Search Results for "Lis pendens"

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High Court

Gujarat High Court Allows Amendment Application in Partition Suit — Holds That Adding Property and Changing Valuation Does Not Alter Nature of Suit. Amendment Under Order VI Rule 17 CPC Must Be Liberally Granted to Determine Real Controversy Between Parties.

17 Feb 2026

The present petitions under Articles 226 and 227 of the Constitution of India were filed by the original plaintiffs (petitioners) challenging the orde...

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...

Supreme Court

Supreme Court Allows Appeals Against Condonation of 586-Day Delay and Grant of Leave to Appeal to Pendente Lite Purchasers in Specific Performance Suit. The Court held that subsequent purchasers who purchased property during pendency of suit and in violation of injunction cannot claim bona fide status and have no right to appeal after their impleadment application was rejected and became final.

1 Jan 2025

The case involves appeals by the original plaintiffs (H. Anjanappa & Ors.) against an order of the Karnataka High Court condoning a delay of 586 days ...

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...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Disturbed. Suit for Declaration of Ownership and Injunction Dismissed as Barred by Limitation and Failure to Prove Possession.

26 Feb 2021

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment and decree of the District Court, which affirmed ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Amendment Application in Partition Suit. Amendment Sought After Commencement of Trial Not Allowed Under Order VI Rule 17 CPC Due to Lack of Due Diligence.

22 Dec 2018

The petitioners, Hemlata Harish Bhatia and Bharat Vallabhdas Bhatia, filed a suit for partition in 2004 against the respondents, Vallabhdas Lalchand D...

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

High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Courts Below. No Substantial Question of Law Arises Under Section 100 CPC as the Defendant Failed to Show Perversity in the Findings of Fact.

8 Dec 2014

The case involves a second appeal filed by the defendant in a suit for specific performance. The original plaintiff had filed OS 198/1991 for specific...

High Court

Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance and Injunction — Applicant Claiming Title Through Subsequent Agreement Must Be Heard Before Final Orders.

19 Nov 2013

The judgment arises from a chamber summons filed by Mugwort Land Holdings Pvt. Ltd. seeking impleadment as a party defendant in Suit No. 2823 of 2006,...

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...

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