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dashrath patel (auditor)     13 August 2020

Lis pendens removal

Dear Experts,

We have made agreement to sell  an agriculture  land  in the year  2011 and agreement was clearly stated with cancellation clause. Later on in the year 2013 due to dispute purchaser had filed suit  for specific performance on us. He had also filed lis pendens in sub registrar. In the year 2017 Lower Court ordered in favor  of us and cancelled the agreement to sell and  also ordered to return Earnest money ( with 6 percent interest) to Purchaser. We made appeal in High Court against the order for not returning the money. The case is pending in high court.

Purchaser never demanded for money and filed any execution petition with respect  to lower court order.

Now we want to sell our property and want to remove lis pendens entry in rRevenue Documents.

What Should and How it can be Done?



Learning

 3 Replies

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     13 August 2020

It is  free to sell the property now.

Lis pendens can be removed by giving the certified copy of the order to the sub registrar.

You can continue the proceedings for the return of Earnest money.

1 Like

dashrath patel (auditor)     13 August 2020

@ Balu Manikamntan Subramanyam

Thanks a lot for the prompt reply.

P. Venu (Advocate)     14 August 2020

Your appeal is ill-advised. You are required to return the earnest money less the damages and loss, if any, pleaded and approved by the court. Once the amount is returned, you are entitled the order for lis pendens revoked.


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