Fatemabee Fattekhan vs Mehabubkh Alanur Kha Pathan Died ...
2024 Latest Caselaw 14635 Bom

Bombay High Court

Fatemabee Fattekhan vs Mehabubkh Alanur Kha Pathan Died ... on 7 May, 2024

2024:BHC-AUG:10167



                           IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                      BENCH AT AURANGABAD

                             941 CIVIL APPLICATION NO. 3497 OF 2024
                                        IN WP/2644/2024

                                      FATEMABEE FATTEKHAN
                                              VERSUS
                 MEHABUBKH ALANUR KHA PATHAN DIED THROUGH LRS REHANKHAN
                                     AFSARKHAN AND OTHERS
                                                 ...
                           Advocate for Applicant : Mr. Shinde Prashant S.
                  Advocate for Respondents No.2 3A to 3I and 4, 6 to 11 : Mr. Akram
                                     Inamdar h/f Mr. S. S. Kazi.
                                                 ...

                                             WITH
                                 WRIT PETITION NO. 2644 OF 2024

                                                  ....

                                                 CORAM : ARUN R. PEDNEKER, J.

Dated : May 07, 2024 PER COURT :-

1. Heard the learned Advocate for the petitioner. Admittedly the

petitioner has purchased the suit property during the pendency of the

proceedings and is bound by the decree. He contends that he has not been

informed about the pendency of the proceedings by the vendor, and as

such, the petitioner has purchased the property. However, since the

petitioner has purchased the property lis pendens from the Judgment

Debtor, he is not entitled to hold out the property. However, he can take all

re-course as may be available in law against his vendor/ Judgment Debtor.

2. With the above observation, the writ petition stands disposed of.

Pending civil application stands disposed of.

( ARUN R. PEDNEKER, J. )

vj gawade/-.