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2001 Supreme(Bom) 748

F.I.REBELLO
Shantilal Jethabai Khona – Appellant
Versus
Anandrai Shivlal Dave and others – Respondent


JUDGMENT - F.I. REBELLO, J.:---This motion by defendant No. 3 seeks amongst others reliefs, a declaration that the lis pendens notice registered under section 52 of the Transfer of Property Act with the Sub-Registrar at Bombay, on 29th April, 1999 be declared as null and void, illegal and ineffective and the same be set aside. The further prayer sought is that pending hearing and final disposal of the suit, this Court be pleased to forthwith deregister the notice of lis pendens dated 29th April, 1999. There are also some other prayers. The motion is supported by the affidavit of Pratap C. Lodaya, partner of defendant No. 3. Defendant No. 3 is the purchaser of the property from defendant No. 1. In the affidavit it is averred as to why the reliefs as prayed for should be granted. The plaintiff has filed his reply dated 5th September, 2000. In the said affidavit it is averred that the defendant's motion is not maintainable and is liable to be dismissed. The plaintiff has then replied to the averments in the affidavit in support of the motion. It is pointed out that the 2nd defendant was a co-purchaser along with the plaintiff in the agreement entered into with defendant No. 1 for purc






























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