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Supreme Court of India 2026-01-12 dismissed

Alka Shrirang Chavan & Anr vs Hemchandra Rajaram Bhonsale & Ors

Bench: 2 — Manoj Misra, Ujjal Bhuyan

In Brief

A property dispute spanning three decades over a decree for specific performance. In 1986, a court ordered a defendant to sell land to the plaintiff or face court-ordered sale. The court executed the sale deed in 1993. However, the defendant had already sold the land to others before the court's sale in 1993. The later buyers (appellants) resisted handover of possession, claiming they were innocent purchasers. The Supreme Court held that since the suit was pending when these later buyers acquired title, they are bound by the court's decree under the doctrine of lis pendens. Transfers during pending litigation remain subject to the final court order. The appellants must vacate the property and hand possession to the original plaintiff-decree holder.

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Execution of Decrees Specific Performance Lis Pendens Transfer of Property Civil Procedure Section 52 Transfer of Property Act

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