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Doctrine of Lis Pendens Applies to Money Suits Involving Mortgaged Property; Ex Parte Proceedings Also Covered under Section 52 of the Transfer of Property Act: Supreme Court

17 Dec 2025 6 min read
Doctrine of Lis Pendens Applies to Money Suits Involving Mortgaged Property; Ex Parte Proceedings Also Covered under Section 52 of the Transfer of Property Act: Supreme Court

The Supreme Court of India has delivered an important judgment explaining the scope of Section 52 of the Transfer of Property Act, 1882, which embodies the Doctrine of Lis Pendens. The Court clarified that this doctrine applies even to a money recovery suit filed by a bank when the debt is secured by a mortgage over immovable property. The judgment was delivered by a Bench comprising Justice J.B. Pardiwala and…

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