Arjun Singh Brar 16 October 2026
T. Kalaiselvan, Advocate (Advocate) 18 October 2026
In Indian civil jurisprudence and execution practice (including the courts in Punjab & Haryana), the legal doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882 (TPA) and the principles governing court-sanctioned charges via compromise decrees provide strong ground to defeat or push back the pendente lite mortgage.
It is a well-settled proposition of law that lis pendens applies to suits terminated by a compromise decree just as effectively as to suits decided on merits.
When the compromise decree specifically binds the 'D' schedule property by stipulating that the ₹1.75 crore amount is recoverable via the auction/sale of that exact property, it creates a judicial charge over the property under Section 100 of the TPA.
A pendente lite mortgagee taking a mortgage during the suit takes it subject to the outcome of the litigation. Because the outcome of the litigation is a decree charging/selling the suit property for ₹1.75 crores, the bank's mortgage is automatically subordinate and subject to the decree holder's recovery rights.
You may file an execution petitiin under Order 21 Rule 64 CPC for execution of the compromise charge by sale of 'D' schedule property free from the pendente lite bank encumbrance.
Issue notice to the cooperative bank under Order 21 to show cause why their mortgage should not be declared subordinate under Section 52 TPA.
If the bank failed to conduct basic due diligence (checking ongoing court litigation / possession), plead gross negligence / constructive notice on the bank's part.