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Judgment
Deepak Kumar Tiwari, J
This Miscellaneous Appeal has been filed against the order dated 06.11.2025 passed by the Additional Judge to the Court of District Judge, Kabirdham C.G. in Civil Suit No.01-A/2025, whereby application preferred by the appellants/plaintiffs under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908, was dismissed.
At the outset, counsel for the appellants/plaintiffs submits that there is a principle under Section 52 of the Transfer of Property Act, 1882 (hereinafter “the TP Act, 1882”) that for any transfer, principle of lis pendens applies and the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose. On such score, he prays for a direction to the concerned trial Court to expedite the civil suit.
For the sake of ready reference, Section 52 of the TP Act, 1882, is reproduced hereunder:
Transfer of property pending suit relating thereto.-
During the pendency in any Court having authority within the limits of India excluding the State of Jammu and Kashmir or established beyond such limits by the Central Government [ ***] of any suit or proceeding which is not collusive and in which any right to immoveable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose.
Having considered the aforesaid submission and considering that statutory principle is applicable and also keeping in view the provisions relating to transfer of property when any suit is pending in terms of Section 52 of the TP Act, 1882, this Appeal is disposed of directing the trial Court to expedite the trial and conclude the same within an outer limit of 8 months from the date of receipt of copy of this order.
With the aforesaid observation/direction, this Appeal is disposed of.