Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Specific Relief Act (I of 1877), S. 42---Suit for declaration, permanent injunction, specific performance and mesne profit ---.--- RESPONDENT contended that -debtor had sold out the property to petitioner fraudulently---Judgment-debtor was at fault, action if any should have been initiated by the petitioner against him---Judgment-debtor was fully aware of the decree, which was challenged by him in appeal but remained unsuccessful---Selling the suit property in favour of petitioner did not appear to be with bona fide consideration ---.--- APPELLANT had to swim and sink with -debtor who remained unsuccessful in litigation over the disputed property---Constitutional petition was dismissed. (b) Transfer of Property Act (IV of 1882)--- ----S. 52---Lis pendens, principle of---Applicability---Transferee of suit property, even if purchaser for value, without notice of the pendency of suit, was a bona fide purchaser---Person being bona fide purchaser, in view of the rule of lis pendens shall be bound by the result of the suit in all respects, as her transferor would be---Transferee, therefore, did not acquire any legal title free from the clog of his unsuccessful transferor, in whose shoes she steped in for all intents and purposes and had to swim and sink with his predecessor-in-interest. 2003 MLD 1970; 2000 CLC 250; 2006 SC 84 and Mohammad Ashraf Butt and another v. Muhammad Asif Butt and another PLD 2011 SC 905 ref. Mohammad Ashraf Butt and another v. Muhammad Asif Butt and another PLD 2011 SC 905 rel. THIS ORDER PASSED BY: MUHAMMAD IQBAL KALHORO, JUSTICE:---.--- Petitioner has impugned the Order dated 19.2.2015 passed by learned District Judge Karachi East on Civil Revision No.78/2014 filed by her against the dismissal order of application under Section 12(2), C.P.C. in Civil Suit No.1023/2004. 2. Briefly, the facts are that respondent No.3/Mehmood Ahmed filed above stated civil suit against the respondent No.1 Messer's Akbar Builders for reliefs of declaration, permanent injunction, specific performance and mesne profit. The dispute between the parties was on Flat No.A-305 3rd floor Akbar Paradise, Plot No.…

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