OMANA AMMA Vs. THANKAMONY AMMA

JUDGEMENT

(1.) The doctrine of lis pendens is derived from the latin maxim "ut pendent nihil innovetur", which postulates that during litigation nothing should be changed.

(2.) In the conceded backdrop of the doctrine, the appellants in this appeal call into question an order of the Trial Court disallowing their application to injunct the defendants in the suit from alienating the plaint schedule properties pending their prayer for its partition.

(3.) Ineluctuably, this Court has to thus examine whether the challenge in this appeal is necessary when the properties are admittedly modulated by the principles of lis pendens and if the impugned order would cause any legal prejudice to the appellants or affect their claims over them.