Legal Learning | Shri Ganpati Jurists – Male
Alka Shrirang Chavan v. Hemchandra Rajaram Bhonsale (SC)
Decision dated 12 January 2026
Key Takeaways (Concise & Practical):
Doctrine of Lis Pendens (Section 52, Transfer of Property Act)
• Transfer of property during pending litigation is not void, but it remains subject to the final decree.
• A transferee pendente lite is bound by the outcome of the suit, with or without notice of the litigation.
• Such a transferee cannot resist execution of a decree for possession.
Specific Performance & Subsequent Purchasers (Section 19(b), Specific Relief Act)
• Generally, specific performance can be enforced against subsequent purchasers.
• Once a suit is instituted, Section 52 TPA prevails—the plea of bona fide purchase without notice does not protect a pendente lite transferee.
Execution Proceedings (Order XXI Rules 97–103, CPC)
• A transferee pendente lite has no independent right to obstruct execution.
• The Executing Court may adjudicate and remove obstruction, treating the transferee as bound as if a party to the suit.
Purchasing property during litigation is a high-risk transaction—the buyer takes it subject to the decree and cannot block execution later.
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