Public notice can be issued that property is subject matter of litigation and Lispendency is registered
Public notice regarding lis-pendency
Sir ji Facts and circumstances :- Plaintiff filed Regular Civil Suit against defendant for injunction and declaration with reference to the suit property But defendant are delaying in filling Reply so order on exhibit-5 is also delayed Therefore for abundant precaution before 02 Months the Plaintiff successfully did lis-pendency with sub-registrar by paying lawful charges as applicable Now Plaintiff came to know that the Defendants are convincing some brokers to deal in the suit property Quarry Can Plaintiff give PUBLIC NOTICE in interest of general public disclosing therein that lis-pendency is registered with sub-registrar for the RCS No. 0000 which is pending before C.J.J.D. with reference to the suit property Please guide HARIOM
Asked 4 years ago in Civil Law
11 Answers
With the permission of court, otherwise opposite party can claim damages if suit dismissed.
Yes he can do the same he can also place a board at the suit property stating the lispendency
Yes the plaintiff can issue a public notice giving the details about the pending dispute in a local newspaper.
If lis pendens is registered that means members of public have deemed knowledge about pending litigation touching the property under dispute
If any person purchases the property despite such lis pendens then he does so at his own peril
So no need of any public notice
Lis pendens lodged with Sub Registrar is like a public notice itself
Instead take out a motion in the suit for interim relief
Sir ji The suit property is Agricultural Land in interior village in Maharashtra Villagers usually see 7/12 and 8/12 extracts and deal in Land because of faith in other Villagers The Plaintiff had filed an application for ad-interim as well as interim relief, too but rejected Therefore to save the villages and further to save the property in further dispute, the Plaintiff was intending to give PUBLIC NOTICE in Marathi in local papers and further to put (place) one BOARD on prime side of the said Agricultural Land Therefore I want to know whether the Plaintiff has legal rights in giving such PUBLIC NOTICE as well as FIXING/PUTTING (PLACING) board on the said Agricultural Land or not IT IS LEGALLY ALLOWED OR NOT ? please guide HARIOM
Asked 4 years ago
you can issue public notice and place board on said land that there is suit pending in respect of said land
The plaintiff cannot claim anything as a right.
However there is no legal infirmity in cautioning the general public to not to venture into purchase or involve in any kind of transaction or indulge in any kind of encumbrance, with respect to this property in view of the title dispute pending before the civil court in the case No.......... by issuing a public notice in the local leading newspaper.
By issuing this public notice nobody will be aggrieved or affected hence you can proceed with this idea however placing a placard or a board in the disputed site without an order of the court may be termed as an illegal act especially if you are not in possession of the disputed property.
Exercise abundant caution on such sensitive issues.
if you are in possession of the land then you can install a board on it stating that the property is in dispute and give the litigation details
if you are not in possession then you can issue public notices in local papers in addition to lodging lispendens with Sub Registrar
Yes he has legal right and also he can move to appellate court for interim reliefs
If any party will purchase the property , lis pendens notice will inform to him. No bar of publication of lis pendens notice.
No need to give public notice regarding pending suit because if someone purchase the property even then the properties will be distributed as per court order and sale will be set aside by court.
