Full Text
FAO 600/2016 and C.M: No.47531/2016 (stay)
SHALINITAICKAR Appellant
Through: Mr. Abdhesh Chaudhary, Advocate with Mr. Yogesh Kumar Keshari, Advocate and Mr. Shantanu Majumdar, Advocate.
Through: Mr. Sanjay Goswami, Advocate for respondent Nos.2 to 6.
PAWAN KUMAR PERIWAL Appellant
Through: Mr. Abdhesh Chaudhary. Advocate with Mr. Yogesh Kumar Keshari, Advocate and Mr. Shantanu Majumdar, Advocate.
Through: Mi'. Sanjay Goswami, Advocate for respondent Nos.2 to 6.
02.11.2017
ORDER
1. After hearmg counsels for the parties, it is noted that the subject 2017:DHC:9029 r suits pertain to, immovable properties and therefore Section 52 of the Transfer of Property Act, 1882 containing the doctrine of lis pendens will come into play in favour ofthe appellants/plaintiffs. Accordingly if there is any transfer of the, suit properties by the defendants in the suits, then, the same will be subject to the doctrine of lispendens contained in Section 52 of the Transfer ofProperty Act and the defendants, ifthey transfer their rights in the suit properties, then, they will intimate the plaintiffs on transferring the suit properties.
2. Nothing contained in today's order is a reflection on merits of the cases of either ofthe parties and which will be decided by the trial court in accordance with law. Impugned orders which are challenged in the. appeals will accordingly standsubject to aforesaid observations. 3- Appeals are accordingly disposed of in terms of aforesaid observations. VALMIKIJ.MEHTA,J NOVEMBER 02, 2017 Ne