Fatemabee Fattekhan v. Mehabubkh Alanur Kha Pathan Died Through Lrs Rehankhan Afsarkhan And Others

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/-.

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