Search Results for "Lis pendens"

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Search Results for "Lis pendens"

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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...

Supreme Court

Supreme Court Allows Specific Performance Appeal in Land Sale Dispute — Agreement to Sell Valid Despite Non-Registration and Subsequent Alienation. The court held that the appellants paid full consideration, took possession, and were ready and willing; subsequent sale deeds executed in violation of injunction are void.

12 Nov 2024

The dispute pertains to six suits for specific performance of an Agreement to Sell dated 30.08.1990 executed by Sushila Devi in favour of the appellan...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Compromise Decree Validity — Oral Statements Not Sufficient to Transfer Ownership Under Order XXIII Rule 3 CPC. Sale Deed Executed During Pendency of Appeal Remains Valid and Not Affected by Subsequent Dismissal of Suit.

15 Jul 2024

The case involves a property dispute arising from two rounds of litigation. In the first round, Mansha Ram and others (plaintiffs) filed a suit for de...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Plaint in Specific Performance Suit for Non-Disclosure of Cause of Action. Plaint Must Contain Material Facts Constituting Complete Cause of Action; Mere Filing of Suit Does Not Entitle Plaintiff to Interim Relief.

27 Jul 2023

The case involves an appeal against an order rejecting the plaint in a suit for specific performance. The appellants, who were members of an associati...

Supreme Court

Supreme Court Allows Impleadment of Pendente Lite Transferee in Property Suit — Doctrine of Lis Pendens Does Not Render Transfer Void Ab Initio. The Court held that a transferee with knowledge of pending litigation may be impleaded under Order 1 Rule 10 CPC if necessary for effective adjudication, and the High Court erred in nullifying the sale deed based on Section 52 of the Transfer of Property Act, 1882.

21 Jan 2022

The Supreme Court allowed an appeal against the dismissal of an impleadment application by the Rajasthan High Court. The appellant, along with others,...

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 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...

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 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,...

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