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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.SREE SUDHA
J.Venkateshwar Reddy – Appellant
Versus
Sudi Bala Reddy – Respondent
| Table of Content |
|---|
| 1. overview of the case and parties involved (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments presented by both parties (Para 6 , 7) |
| 3. applicability of order xxi rule 97 cpc (Para 8) |
| 4. court's view on competing decrees (Para 9 , 10) |
| 5. importance of agreement dates over execution dates (Para 11 , 12 , 14) |
| 6. doctrine of lis pendens does not apply (Para 13 , 23) |
| 7. transfer rights and their precedence (Para 15 , 16 , 17 , 19) |
| 8. rights crystallized through earlier agreements (Para 18 , 20 , 21) |
| 9. final judgment and decree (Para 22 , 24) |
JUDGMENT :
P.SREE SUDHA, J.
This appeal suit is filed against the Order dated 10.02.2020 in E.A.No.20 of 2015 in E.P.No.176 of 2015 in O.S.No.60 of 2006, passed by the learned II-Additional District Judge, at L.B.Nagar, Ranga Reddy District.
2. The appellants/claim petitioners are the third parties to the suit. They are claiming the subject property basing on the agreement of sale dated 06.07.2005 executed in their favour by the original owner i.e., respondent No.2/JDr. A decree of specific performance granted in favour of the appellants/claim petitioners herein against the respondent No.2/JDr in O.S.No.297 of 2006 dated 25.06.2008. Pursuant to the said
The doctrine of lis pendens does not affect prior subsisting rights, allowing innocent purchasers to enforce their claims based on preceding agreements.
Agreement to sell – Suit for Specific Performance – Once sale agreement is proved and subsequent sale was during pendency of suit hit by doctrine of lis pendens, decree for specific performance can b....
(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 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.
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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