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ANIL KSHETARPAL
Harbhajan Singh – Appellant
Versus
Gurmail Singh – Respondent
Judgment
Mr. Anil Kshetarpal, J.
With the consent of the learned counsel representing the parties, three connected appeals i.e. Regular Second Appeal No. 1461 of 2023, Execution Second Appeal No. 43 of 2022 and Execution Second Appeal No. 20 of 2023, shall stand disposed of.
2. It would be noted here that in Regular Second Appeal No. 1461 of 2023, formal notice of motion has not been issued. However, on 18.08.2023, Mr. R.S. Rangpuri, Advocate, entered appearance for all the respondents. The learned counsels were requested to come prepared for arguments. Thereafter, the hearing of the appeal was adjourned on two different occasions. Again on 11.10.2023, the learned counsel representing the parties undertook to come prepared for the final arguments. On 18.10.2023, they not only addressed oral arguments, but also filed their written synopsis along with the gist of their arguments. The learned counsel representing the parties are also ad idem that all the relevant record is part of the paper-books of three appeals and the requisitioning of the lower Courts’ record is not necessary.
3.
The court affirmed that a decree binds successors-in-interest unless declared void, and collusion in prior judgments affects the applicability of the doctrine of lis pendens.
The doctrine of lis pendens applies to subsequent purchasers; their rights are subordinate to those of the decree holder in a specific performance case.
A consent decree cannot be dismissed on procedural grounds, and adverse possession claims require proof of hostile possession, which was not established.
(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....
The Executing Court's authority is limited to issues directly related to the execution of a decree, and it cannot adjudicate unrelated matters raised by third-party objectors.
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