Search Results for "lis pendens"

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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...

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 Impleadment of Subsequent Purchaser in Suit for Specific Performance — Transfer of Property Act, 1882 Section 52 Does Not Bar Transfer Pendente Lite, But Purchaser Must Be Heard Before Final Decree. The court held that a subsequent purchaser of suit property is a necessary and proper party under Order 1 Rule 10 CPC, and amendment of plaint under Order 6 Rule 17 CPC to incorporate subsequent events should be allowed.

9 Oct 2014

The appeal arises from a suit for specific performance of an agreement to sell a property. The original plaintiffs (appellants) filed Suit No.1241 of ...

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, ...

High Court

Bombay High Court Dismisses Appeals in Property Suit — Upholds Refusal to Strike Out Defence Under Order 8 Rule 10 CPC for Failure to File Written Statement Within 90 Days. The court held that the power to strike out defence is discretionary and not automatic, and that non-disclosure of defence under Order 6A Rule 3 CPC does not justify striking out.

21 Dec 2017

The present appeals arise from a suit filed in 1987 by Behram Nowrosji Gamadia and Jehangir Dhan Mistri (original plaintiffs) against several defendan...

Supreme Court

Supreme Court Upholds Decree for Specific Performance in Agreement to Sell Dispute Involving Agricultural Land. Court Applies Doctrine of Lis Pendens to Transfers Made During Litigation and Affirms Plaintiff's Readiness and Willingness Based on Documentary Evidence.

9 Apr 2026

The appeal arose from a suit for specific performance of an agreement to sell dated 18.07.1988, where the plaintiff agreed to purchase agricultural la...

High Court

Bombay High Court Allows Impleadment of Purchaser in Pending Eviction Suit — Lis Pendens Does Not Bar Impleadment Under Order 1 Rule 10 CPC. Purchaser of suit property during pendency of litigation is entitled to be impleaded to protect her interest, as the principle of lis pendens under Section 52 of Transfer of Property Act, 1882 only binds the purchaser by the decree, not prohibits impleadment.

19 Sep 2017

The petitioner, Minalini Lalit Modi, purchased the suit flat from the tenant (respondent no.2) during the pendency of an eviction suit filed by the la...

High Court

High Court Allows Impleadment Application in Property Appeal Despite 14-Year Delay. Application under Order XXII Rule 10 read with Order I Rule 10 of Code of Civil Procedure, 1908 granted as no time limit prescribed for devolution of interest, and impleadment avoids abatement without prejudice to appellants.

5 Mar 2026

The dispute arose from a suit for possession filed in 1974, which was decreed in favor of the plaintiffs in 2011. The defendants appealed, and during ...

Supreme Court

Supreme Court Reiterated Doctrine of Merger in Execution Proceedings – Decree of Trial Court Merges with Appellate Court’s Decision. Executing Court Cannot Modify or Extend the Decree Passed by the Appellate Court – Delay in Execution Not a Ground for Challenge – Section 53A of Transfer of Property Act, 1882, Not Applicable When Buyer Had Knowledge of Pending Litigation

19 Mar 2025

Doctrine of Merger Applies to Execution Proceedings – Para 24 Section 53A Not Applicable When Agreement Executed During Pending Litigation – Para ...

Supreme Court

Supreme Court Quashes Karnataka High Court Order on Delay Condonation and Leave to Appeal. Transferee Pendente Lite Cannot Challenge Decree Without Leave – Delay of 586 Days Not Justified.

29 Jan 2025

Constitution of India, 1950 – Code of Civil Procedure, 1908 – Transfer of Property Act, 1882 Article 136 – Appellate Jurisdiction of Supreme ...

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