Prakash Gobindram Ahuja Vs.

Ganesh Pandharinath Dhonde

and Others

Citation : 1183851

Court : Mumbai High Court

Decided On : Oct-04-2016

Judge : S.C. Dharmadhikari &Amp; The Honourable Dr.(Mrs.) Justice

Shalini Phansalkar-Joshi

Appeal No. : Appeal From Order No. 256 of 2013

Appellant : Prakash Gobindram Ahuja

Respondent : Ganesh Pandharinath Dhonde and Others

Judgement :

Dr. Shalini Phansalkar-Joshi, J.

1. As per the order passed by the Hon'ble the Acting Chief Justice, this
Appeal is placed before us for deciding following questions of law, which
are framed by learned Single Judge of this Court [Coram : R.C. Chavan,
J.], when the Appeal was placed before him for admission:-

(I) Does Section 52 of the Transfer of Property Act provide adequate

protection to the parties from transfers pendent lite since such
transferees are not required to be, or entitled as of right to be, impleaded
as parties to the suit and cannot resist execution proceedings in view of
provisions of Order XXI Rule 100 of the Code as amended by this
Court?

(II) Would plaintiffs' registering notices of their suits under Section 18 of

the Indian Registration Act (though such registration may not be