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2016 Supreme(Bom) 1313

S.C.DHARMADHIKARI, SHALINI PHANSALKAR JOSHI
Prakash Gobindram Ahuja – Appellant
Versus
Ganesh Pandharinath Dhonde – Respondent


Advocates Appeared:
For the Appellant : Ms. Kalyani Tulankar a/w. Mr. Sandeep Pathak, i/by Mr. Sugandh D. Deshmukh.

JUDGMENT :

Shalini Phansalkar Joshi, J.

1. As per the order passed by the Hon'ble the Acting Chief Justice, this Appeal is placed before us for deciding following questions of law, which are framed by learned Single Judge of this Court [Coram : R.C. Chavan, J.], when the Appeal was placed before him for admission:-

(I) Does Section 52 of the Transfer of Property Act provide adequate protection to the parties from transfers pendente lite since such transferees are not required to be, or entitled as of right to be, imp leaded as parties to the suit and cannot resist execution proceedings in view of provisions of Order XXI Rule 100 of the Code as amended by this Court?

(II) Would plaintiffs' registering notices of their suits under Section 18 of the Indian Registration Act (though such registration may not be compulsory) not secure for plaintiffs more than what an injunction could secure since transferees, who purchase property, pendente lite in spite of such registration would be deemed to have notice of pendency of the lis and could not claim to be transferees without notice? And, would such registration not be preferable to clamping an injunction on adversary?

(III) Since a plaintiff se




































































































































































































































































































































































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