In Specific Performance Suits, Advisable To Seek Interim Injunction Against Sale; Doctrine Of Lis Pendens May Not Be Good Enough : Supreme Court

The Supreme Court of India emphasized the need for seeking interim injunctions in specific performance suits to prevent property alienation during litigation. The bench noted that relying solely on the doctrine of lis pendens may not sufficiently protect a plaintiff's interests in property-related disputes. The court clarified that plaintiffs must adopt proactive measures to safeguard their claims under the Specific Relief Act. The judgment aims to circumscribe risks of unjust enrichments and ensure fair outcomes in legal proceedings. It further highlighted that the doctrine of lis pendens doesn’t always deter third parties from purchasing disputed properties. The decision underscores the importance of strategic litigation practices for property disputes. It reaffirms the judiciary’s role in protecting litigants against potential irreparable losses while cases are sub judice. The ruling sets a significant precedent for improving procedural safeguards in property disputes.