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1997 Supreme(Kar) 245

MOHAMED ANWAR
B. V. VASANTHA – Appellant
Versus
SHA POOHAMCHAND – Respondent


Advocates:
R.Gopal Hegde, Ram Bhat

MOHAMED ANWAR, J.

( 1 ) HEARD the arguments of learned counsel on both sides

( 2 ) 2. 1. The only question of law that arises for determination in this revision is: whether the purchase of the house property of the judgment-debtor named P. K. Attawar (hereinafter called 'jdr. Attavar') in Ex. Case No. 787/81, made by the petitioner Smt. B. V. Vasantha (hereinafter called the 'auction purchaser') on 28-6-1982 at the auction sale is hit by the principle of lis pendens?2. 2. This question stands answered by the Court-below in the affirmative by its impugned order dated June 20, 1988 passed in Ex. Case No. 693/82 rejecting the auction purchaser's objection therein to execution of the decree for specific performance of the contract of sale that was obtained by the respondents-Decree Holders therein (hereinafter referred to as 'the plaintiffs') against the JDr. Attavar in respect of the said house property. The legality of this finding of the Court-below stands challenged by the auctionpurchaser.

( 3 ) 3. 1. The undisputed material facts bearing on the question are as follows :plaintiffs filed the suit in O. S. No. 2/77 in the Court-below against JDr. Attavar for the decree of specific per














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