DALIP KAUR Vs. JEEWAN RAM

JUDGEMENT

(1.) JUDGMENT :- Are the proceedings in a civil appeal before the Supreme Court in pursuance to the grant of special leave under Art.136 of the Constitution of India not a continuation of the proceedings in the original suit and is the principle of lis pendens not applicable to such proceedings? This is the short question that arises in this second appeal.

(2.) A few facts may be noticed.

(3.) Lachhman respondent No. 24 filed a suit for possession by way of pre-emption of the land measuring 9 kanals 9 Marlas which had been sold to respondents 1 to 5 (original vendees). A part of this land had been sold by respondents 1 to 5 to respondents 6 to 21. The suit for possession by pre-emption was decreed by the trial Court on August 22, 1983. In pursuance to this decree, Lachhman took possession of the suit land on October 6, 1983. The appeal filed by respondents 1 to 5 was dismissed by the learned District Judge on March 18, 1985. The second appeal to this Court was dismissed on September 26, 1985. Thereafter, respondents 1 to 5 filed a special leave petition under Art.136 of the Constitution of India. Leave was granted. The appeal of respondents 1 to 5 was accepted vide order, dated October 5, 1989. Accordingly, the suit filed by Lachhman was dismissed. Thereafter, the original vendees and respondents 6 to 21 filed an application under S. 144, Code of Civil Procedure, for restitution of possession.