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2026 Supreme(Online)(Guj) 16808
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Vaibhavi D. Nanavati, J
LEGAL HEIRS OF DECD. SUNDARLAL BHANABHAIV/sSTATE OF GUJARAT
R/SPECIAL CIVIL APPLICATION NO. 5522 of 2026 | C/SCA/5522/2026
For the Appellants/Petitioners: NV Gandhi
For the Respondents: Jwalant Vora
Once a notice of lis pendens is registered under the Indian Registration Act, 1908, in accordance with the Transfer of Property Act, revenue authorities are obligated to mutate such entry in the revenue records to provide public notice of pending litigation.
Headnote:The petitioners invoked Article 226 of the Constitution of India challenging an order dated 24.02.2026, whereby the respondent declined to mutate a registered lis-pendens entry (serial no. 15781 of 2022) in the revenue records of Village Aabhava, relying on a circular dated 30.05.2022 which required a judicial order for such mutation. The court found that the refusal was contrary to established legal positions. The primary issue was whether the revenue authority can refuse to mutate a registered lis-pendens entry based on an administrative circular. The court reasoned that the essential purpose of registering a notice of lis pendens under the Indian Registration Act, 1908, and the Transfer of Property Act is to ensure that any person conducting a title search is put on notice of pending litigation, thereby preventing the frustration of the suit. Consequently, once a document is registered, the revenue authority is required to mutate the entry after following the prescribed procedure under the land revenue code. The respondent no.3 to mutate the entry of lis-pendense registered at serial no. 15781 of 2022 before the Sub-Registrar, Athwa, Surat in the revenue record of Village: Aabhava, Tal.: Majura, Dist.: Surat, regarding pendency of the Special Civil Suit No. 294 of 2022 pending before the Principal Civil Judge, Surat.
| Table of Content |
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| 1. challenge against the refusal of revenue authorities to mutate a registered lis pendens entry. (Para 1 , 2 , 3) |
| 2. reliance on judicial precedents to establish that mutation of lis pendens is a settled issue. (Para 4 , 5) |
| 3. obligation of revenue authorities to record registered lis pendens notices to ensure public notice. (Para 6) |
| 4. quashing of the refusal order and direction to mutate the registered lis pendens entry. (Para 7 , 8) |
ORAL ORDER
1. Issue Rule, returnable forthwith. Mr. Jwalant Vora, learned Assistant Government Pleader waives service of Rule for and on behalf of the respondent – State authorities.
2. Heard Mr. N.V. Gandhi, learned advocate appearing for the petitioners and Mr. Jwalant Vora learned Assistant Government Pleader appearing for the respondent – State authorities.
3. By way of the present petition, the petitioners are constrained to invoke Article-226 of the Constitution of India, wherein, by the impugned communication / order dated 24.02.2026, the respondent no.3 declined to mutate the entry of lis-pendense registered at serial no. 15781 of 2022 before the Sub-Registrar, Athwa, Surat in the revenue record of Village: Aabhava, Tal.: Majura, Dist.: Surat (Annexure-C), mainly relying on the circular dated 30.05.2022 bearing No. HKP/102022/916/J/Sachivalay/Gandhinagar, which provides that for the provision of the Gujarat Land Revenue Code in the revenue record, concerned Judicial Court can pass appropriate order for recording the lis-pendense in an entry.
4. Mr. Gandhi, learned advocate, relies on the order passed in SCA No. 1877 of 2023 dated 14.02.2023 and submits that the aforesaid issue is no longer res-integra, wherein, the Court from time to time had directed to record the mutation of the entry of lis-pendense.
5. Mr. Jwalant Vora, learned AGP is not in a position to controvert the aforesaid submissions made by Mr. N.V. Gandhi, learned advocate appearing for the petitioners.
6. The present petition is governed by the position of law as laid down in the case of Dipakbhai Manilal Patel & Anr. v/s. State of Gujarat & Anr. reported in 2007 2 GLR 1297 and order dated 14.02.2023 passed in SCA No. 1877 of 2023 . At this stage, it is apposite to refer to the order dated 14.02.2023 passed in SCA No. 1877 of 2023 , wherein, the aforesaid ratio laid down in Dipakhai (supra) has also referred in the said order. Para-7 of the order dated 14.02.2203, reads thus:
“7. As noted hereinabove, this Court in identical case, in the case of Dipakbhai Manilal Patel and Anr. (supra) has observed thus:
“5. If the provisions of Section 52 read with aforesaid amendment for Gujarat State are considered, the principles of lis pendens would apply to a transaction if entered after institution of Suit only, if such notice of lis pendens is registered under the Indian Registration Act, 1908 and as per the provisions of the amendment, the notice of pendency of the suit should contain the details as per subsection 2 of the amendment in Section 52, which is applicable to the Gujarat State. The essential purpose of the aforesaid amendment is to see that any person who may be interested to purchase the property when undertakes the title search of the property with the sub-registrar, the person concerned would be put to notice that a particular suit is pending before the competent Court and therefore, he may not be misguided or if with conscious knowledge, the person concerned has purchased the property, the purchaser may not be in a position to contend that he was not aware about the pendency of the litigation and consequently, the Suit may not be frustrated or the principles of lis pendens can have its full effect as per the provisions of Transfer of Properties Act.
6. Therefore, it appears that the stand of the Mamlatdar that such documents is not as per the provisions of the Transfer of the Properties Act is not correct and once a registered document is there, pertaining to the property in question, it is
