GORAKH RAMCHANDRA MALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith. With the consent of parties taken up for final hearing.

(2.) The notice of lispendens issued U/Sec. 52 of the Transfer of Property Act and registered vide Sec. 18 of the Registration Act is assailed in the present writ petition.

(3.) Mr. Sawant, the learned counsel states that, there is no suit or proceedings pending between the parties with regard to any immovable property. As such the lispendens could not have been registered. Sec. 52 of the Transfer of Property Act, 1882 (hereinafter referred as to the "T. P. Act" for the sake of brevity) is inapplicable. The authorities have wrongly invoked their powers U/Sec. 18 of the Registration Act (hereinafter referred as to the "Act of 1908" for the sake of brevity). According to the learned counsel, even show cause notice with regard to mutation entry is illegal.