MANOJ MISRA, UJJAL BHUYAN
Alka Shrirang Chavan – Appellant
Versus
Hemchandra Rajaram Bhonsale – Respondent
The Supreme Court's brief findings are as follows:
The doctrine of lis pendens prohibits the transfer or dealing with immovable property during the pendency of a suit involving a specific right to that property, ensuring the preservation of the parties' rights until final adjudication (!) .
Transfers made by a judgment debtor during ongoing litigation are considered pendente lite transactions and are generally binding on subsequent transferees who have notice of the suit; such transferees do not acquire independent or absolute title capable of obstructing decree enforcement (!) .
Transferees pendente lite are bound by the final decree and cannot claim independent rights to resist execution; their rights are subordinate to the decree, and they are deemed to have stepped into the shoes of the judgment debtor, losing any independent title that could obstruct enforcement (!) .
The court has the authority to adjudicate questions related to right, title, or interest during execution proceedings, including removing obstructions and delivering possession, and can order detention for contempt if resistance is unjustified (!) .
Obstructions or resistance to possession by third parties claiming rights are to be determined by the executing court, which can decide on their justification and order removal and possession transfer, limited to questions relevant to the resistance and not re-examining the finality of the decree unless specifically challenged (!) .
Registration of lis pendens acts as a caution to third parties and aids in protecting litigating parties’ rights; however, absence of registration does not invalidate lis pendens entirely, and due diligence by third parties is necessary to prevent hardship and exploitation of procedural gaps (!) .
Purchases during the pendency of a suit are subject to the final decree, and such transferees are bound by the outcome; transfers made with notice of the suit do not create independent rights capable of obstructing enforcement (!) .
Delays in executing decrees do not necessarily bar the decree holder’s rights, provided applications are made within the prescribed limitation periods; the rights under the decree remain enforceable despite long delays (!) .
To prevent further harassment and ensure swift enforcement, the court directs that no additional applications concerning the property shall be entertained, safeguarding the decree holder’s rights and promoting expeditious execution (!) .
Overall, the findings emphasize the binding nature of final decrees, the subordinate status of subsequent transfers during litigation, and the court’s power to enforce rights efficiently, upholding the integrity of judicial proceedings and protecting the interests of decree holders.
| Table of Content |
|---|
| 1. background of the case and key agreement details. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. execution proceedings and previous judgments. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. obstruction to execution of decree. (Para 21 , 22 , 23 , 24 , 25) |
| 4. debate over ownership and rights concerning decrees. (Para 36 , 37) |
| 5. court's interpretation of the law and execution implications. (Para 39 , 70 , 71) |
| 6. final conclusion on ownership and enforcement of judgments. (Para 62 , 64 , 66) |
| 7. conclusive orders by the court. (Para 72 , 73 , 74 , 75) |
JUDGMENT :
UJJAL BHUYAN, J.
Leave granted.
2. These two civil appeals by special leave are directed against the judgment and order dated 19.12.2024 passed by the High Court of Judicature at Bombay (briefly ‘the High Court’ hereinafter) in Second Appeal No. 396 of 2022 (Alka Shrirang Chavan and Anr. Vs. Hemchandra Rajaram Bhonsale & Ors.) and Second Appeal (ST) No. 22336 of 2022 ( Jaymala Shriram Date Vs. Hemchandra Rajaram Bhonsale and Ors. ).
2.1. Be it stated that by the impugned judgment and order dated 19.12.2024, the High Court has dismissed both the second appeals preferred by the appellants holding that there is n
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The doctrine of lis pendens applies to subsequent purchasers; their rights are subordinate to those of the decree holder in a specific performance case.
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A subsequent purchaser cannot assert rights against a prior decree holder, as established by the doctrine of lis pendens under Section 52 of the Transfer of Property Act.
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During pendency in any court having authority within limits of India of any suit or proceeding which is not collusive and in which any right to immovable property is directly and specifically in ques....
A pendente lite purchaser cannot assert independent title in execution proceedings, as the doctrine of lis pendens prevails over claims of bona fide purchasers under the Specific Relief Act.
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