Doctrine of lis pendens

dheepak srinivasa (Querist) 02 December 2012 This query is : Resolved
Sir I have my Original dismissed by the sessions court.. Now I am in the process of appeal in HC. now the defendant armed with the sessions court order is trying to sell the property... If he sells the property before the appeal is heard does the doctrine of lis pendens be effective and the status of the property reverted back to the original stage if a stay is granted on my appeal?

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Raj Kumar Makkad (Expert) 02 December 2012
Yes. If stay is granted then such sale shall be invalid and moreover the seller/respondent shall also be liable for contempt of court.

Devajyoti Barman (Expert) 02 December 2012
While preferring appeal apply for interim injunction against sale of suit property so the purpose of appeal id not frustrated .

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