Lis pendens
Querist :
Anonymous
(Querist) 03 May 2021
This query is : Resolved
I am looking plot in Nashik, that whole survey number having one litigation which is already disposed off by senior district civil court and so lis pendency already removed. Now against that order or decree defendant filled one appeal in divani court so i have following questions.
1) Appeal filled against main suit order so what are the chances that appeal will sustain particularly on order 1) already executed sale deed of plots wont be cancelled as purchasers already paid consideration for the same.
2) Can lis pendency again register in respect of Appeal.
Advocate Bhartesh goyal
(Expert) 03 May 2021
Appeal is continuation of suit ( trial ) so principles of lis-Pendens applies in appeal also but appellant has to seek stay order from appellate court.
Dr J C Vashista
(Expert) 04 May 2021
Doctrine of lis pendes is applicable while appeal is pending, which is against the judgment/ order /decree passed by Trial court..
SHIRISH PAWAR, 7738990900
(Expert) 04 May 2021
Hello,
Yes, appeal is continuation of suit. All purchasers who paid money are subjected to order of court in appeal.
T. Kalaiselvan, Advocate
(Expert) 04 May 2021
Pending appeal is also considered as lis pendens.
The meaning of lis pendens is - 'a pending legal action', wherein Lis means the 'suit' and Pendens means 'continuing or pending'.
As per section 52 of the Transfer of property act:
The major idea lying behind Section 52 is that in a suit, which is still pending in terms of its determination, the status quo should be maintained and therefore it should remain unaffected by the act of any of the parties to the suit. It makes it expressly clear that during a case wherein the dispute between any of the events is in regards to the right of any immovable property, such assets cannot be transferred by using any of the parties to the fit which as a end result might also affect the rights of the opposite birthday party concerned in the dispute. This principle does not get eliminated after the dismissal of the suit. After the dismissal of the litigation and earlier than filling of the appeal, the ‘lis’ maintains to exist and consequently the defendant may be prevented from transferring the property to the prejudice of the plaintiff. The explanation to the Section makes it quite clear that the lis shall be deemed to have started from the date whilst the plaint will be supplied in the court and shall continue to exist until the time such proceeding has been decided and a final order or decree has been obtained accompanied with complete satisfaction or discharge of such degree or order.
