<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2025 (12) TMI 1794 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=466700</link>
    <description>A pendente lite transfer of mortgaged property was held to be hit by lis pendens under Section 52 of the Transfer of Property Act, so the transferees were bound by the pending litigation. Relief was unavailable under Order XXI Rule 89 because that remedy is conditional and time-bound, and under Rule 90 because the grievances did not amount to material irregularity or fraud causing substantial injury. A separate suit was barred by Order XXI Rule 92(3) and Section 47, as the transferees were treated as representatives of the judgment-debtor rather than third parties under Rule 92(4). The execution scheme, including Rule 99, provided the proper forum; a separate suit could not be used to bypass it.</description>
    <language>en-us</language>
    <pubDate>Mon, 15 Dec 2025 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 17 Feb 2026 11:37:54 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=886841" rel="self" type="application/rss+xml"/>
    <item>
      <title>2025 (12) TMI 1794 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=466700</link>
      <description>A pendente lite transfer of mortgaged property was held to be hit by lis pendens under Section 52 of the Transfer of Property Act, so the transferees were bound by the pending litigation. Relief was unavailable under Order XXI Rule 89 because that remedy is conditional and time-bound, and under Rule 90 because the grievances did not amount to material irregularity or fraud causing substantial injury. A separate suit was barred by Order XXI Rule 92(3) and Section 47, as the transferees were treated as representatives of the judgment-debtor rather than third parties under Rule 92(4). The execution scheme, including Rule 99, provided the proper forum; a separate suit could not be used to bypass it.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Mon, 15 Dec 2025 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=466700</guid>
    </item>
  </channel>
</rss>