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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B V L N Chakravarthi
Jaibuni Munisha Begum – Appellant
Versus
U Lakshmi – Respondent
| Table of Content |
|---|
| 1. appellants are disputing a trial court's ruling on permanent injunction based on possession. (Para 1 , 11 , 12) |
| 2. the court addresses arguments regarding evidence related to possession and the validity of agreements. (Para 15 , 16 , 19) |
| 3. legal implications of lis pendens and its effect on property rights are discussed. (Para 20 , 21 , 22 , 24) |
| 4. final outcome of the appeal is stated. (Para 26 , 27) |
JUDGMENT :
B V L N Chakravarthi, J.
This Second Appeal is preferred by the appellants/defendants No.1, 2 and 4 under Section 100 of the Code of Civil Procedure 1908 , assailing the decree and judgment, dated 28.09.1999, passed in A.S.No.10 of 1992 on the file of the Senior Civil Judge, at Anakapalle.
2. Heard Smt.T.V.Sridevi, learned counsel for the Appellants No.1 and 2. The appellant No.3 died pending appeal. No legal representatives came on record. Heard Sri Y.Sudhakar, learned counsel for the 1st Respondent. None appeared for the respondent No.2/defendant No.5, who remained exparte before the trial Court, as well 1st Appellate Court. Perused the material on record.
PLEADINGS:
3. The appellants No.1 and 2 are the defendants No.1 and 2 in the suit. The 1st respondent is t
The decree in a previous suit remains binding and under Section 52 of the Transfer of Property Act, the transfer of property during pending litigation does not affect rights to the property after the....
The doctrine of lis pendens applies to subsequent purchasers; their rights are subordinate to those of the decree holder in a specific performance case.
The doctrine of lis pendens does not affect prior subsisting rights, allowing innocent purchasers to enforce their claims based on preceding agreements.
(1) Lis Pendens – Section 52 of T.P. Act has no application where transfer in favour of subsequent purchaser is not after filing of suit but before filing of suit for specific performance.(2) Resista....
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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