JEETRAM CHANDRAWANSHI Vs. CHAMPABAI

JUDGEMENT

(1.) This Miscellaneous Appeal has been filed against the order dtd. 6/11/2025 passed by the Additional Judge to the Court of District Judge, Kabirdham C.G. in Civil Suit No.01-A/2025, whereby application preferred by the appellants/plaintiffs under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908, was dismissed.

(2.) At the outset, counsel for the appellants/plaintiffs submits that there is a principle under Sec. 52 of the Transfer of Property Act, 1882 (hereinafter "the TP Act, 1882") that for any transfer, principle of lis pendens applies and the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose. On such score, he prays for a direction to the concerned trial Court to expedite the civil suit.

(3.) For the sake of ready reference, Sec. 52 of the TP Act, 1882, is reproduced hereunder: