Lis pendent sale
S. Fernandes
(Querist) 01 October 2013
This query is : Resolved
I filed for money recovery on 18.12.12 against a registered partnership firm.
On same date 18.12.12 I filled for temporary injunction O39, praying for restraining the defendants from alianating the only property available to satisfy my dues.
Injunction was granted as prayed on 4.04.13.
On 15 Feb 13 the defendants sold the property.
Suit was decreed in my favour.
I have now applied for execution and attached the same property. The transferee has now filed objection under rule58 of order21.
Can it be held that this sale is hit by doctrine of lis pendence? Since the sale is during the pendency of the injunction proceeding in which the subject matter of the said proceedings was the property in question.
This being the only property to satisfy the debt.
What other sections of the law will apply in my favour.
ajay sethi
(Expert) 02 October 2013
property has been sold prior to injunction been granted . sale is of Fenbruary 2013 and injunction order is of april 2013 . find out other assets of the firm
Rajendra K Goyal
(Expert) 02 October 2013
Property has been sold, find another property if possible.
ABDUL RAZIQUE
(Expert) 02 October 2013
Mr. Author, How the the sale is during the pendency of the injunction proceeding?
Are you file for injunction before the date of sale? if yes then doctrine of lis pendence will stand.
C.V.Kansara
(Expert) 02 October 2013
Doctrine of lis pendence applies in the present case, if application for interiem injunction filed along with the suit. Press into service the provision of section 151 of cr.p.c.
Raj Kumar Makkad
(Expert) 02 October 2013
Well advised by experts hence no more to add.
