Section 52 of the Transfer of Property Act – Lis Pendens starts with the “institution” of proceedings

The doctrine of lis pendens does not apply because the petition was lying in the registry in a defective state cannot be accepted.   The review proceedings were “instituted” within the period of limitation of thirty days.  The doctrine of lis pendens kicks in at the stage of “institution” and not at the stage when notice is issued by this Court. Thus, Section 52 of the Transfer of Property Act would apply to the third – party purchaser once the sale was executed after the review petition was instituted before this Court.   Any transfer that is made during the pendency is subject to the final result of the litigation.

Judgment dated 8.11.2024 in Review Petition [C] No.1565 of 2022 in Civil Appeal No.5822 of 2022 of M/s. Siddamsetty Infra Projects Pvt Ltd  Vs.  Katta Sujatha Reddy & others