Supreme Court Clarifies: Transferee Pendente Lite Cannot Block Execution of Decree
Court Reaffirms Principle of Lis Pendens Under CPC
Landmark Ruling Strengthens Rights of Decree Holders
By Our Legal Reporter
New Delhi: January 14, 2026:
In a landmark judgment delivered on 10 January 2026, the Supreme Court of India settled a long-debated issue in civil procedure law. The Court held that a transferee pendente lite—someone who acquires property while litigation is pending—cannot obstruct or resist the execution of a decree under Order XXI Rule 102 of the Code of Civil Procedure (CPC).
Also Read: Supreme Court: Hindu Widow Daughter-in-Law Entitled to Maintenance from Father-in-Law’s Estate
The ruling is significant because it reinforces the doctrine of lis pendens, which prevents parties from defeating the outcome of litigation by transferring property during the pendency of a case. By clarifying the scope of Order XXI Rule 102, the Court has strengthened the rights of decree holders and ensured smoother execution of judgments.
Case Background
- Issue: Whether a transferee pendente lite can resist execution proceedings.
- Provision Involved: Order XXI Rule 102 CPC, which deals with resistance or obstruction to possession by transferees.
- Doctrine Applied: Lis pendens under Section 52 of the Transfer of Property Act, 1882.
- Supreme Court’s Decision: Transferees pendente lite are bound by the decree and cannot obstruct execution.
The case arose when a property was transferred during ongoing litigation. The transferee attempted to resist execution proceedings, arguing that they had independent rights. The decree holder challenged this, leading to the Supreme Court’s intervention.
Also Read: MP High Court: Aadhaar and Voter ID Not Proof of Age in Service Records
Key Legal Points
- Order XXI Rule 102 CPC:
- Bars transferees pendente lite from resisting execution.
- Such transferees are treated as representatives of the judgment debtor.
- Doctrine of Lis Pendens (Section 52, Transfer of Property Act):
- Prevents parties from transferring property during litigation in a way that affects the rights of the other party.
- Ensures that the outcome of litigation is not defeated by alienation of property.
- Supreme Court’s Interpretation:
- Transferees pendente lite cannot claim independent rights.
- They are bound by the decree as if they were the original judgment debtor.
Tribunal’s Observations
- Protection of Decree Holders: The Court emphasized that decree holders must not be deprived of the fruits of litigation due to transfers made during the pendency of suits.
- No Independent Rights: Transferees pendente lite cannot obstruct execution proceedings by claiming separate ownership.
- Judicial Efficiency: Allowing such resistance would lead to endless litigation and defeat the purpose of decrees.
Why This Ruling Matters
- Legal Clarity: Provides a clear interpretation of Order XXI Rule 102 CPC.
- Strengthens Decree Holders: Ensures that successful litigants can enjoy the fruits of their decrees without obstruction.
- Discourages Fraudulent Transfers: Prevents judgment debtors from frustrating decrees by transferring property during litigation.
- Judicial Efficiency: Reduces unnecessary resistance and delays in execution proceedings.
Also Read: Delhi High Court: Diplomatic Passport for Live-In Partner and Children Not Grave Misconduct
Broader Implications
- For Decree Holders:
- Stronger protection against obstruction.
- Faster enforcement of judgments.
- For Transferees:
- Must exercise caution before purchasing property involved in litigation.
- Cannot claim independent rights against decree holders.
- For Courts:
- Provides a clear framework for handling execution proceedings.
- Reduces scope for frivolous objections.
Conclusion
The Supreme Court’s ruling of January 2026 is a milestone in civil procedure law. By holding that transferees pendente lite cannot obstruct execution of decrees, the Court has reinforced the doctrine of lis pendens and ensured that decree holders are not deprived of their rights.
Also Read: EPFO’s New PF Withdrawal Rules: Easier Access to 100% Balance, Clearer Conditions
This judgment strengthens the execution process, discourages fraudulent transfers, and provides much-needed clarity in civil litigation. It is a reminder that law favours finality and fairness, ensuring that decrees are not rendered meaningless by procedural loopholes.
Suggested Keywords for SEO & Faster Searches
- Supreme Court Order XXI Rule 102 CPC
- Transferee pendente lite execution decree
- Lis pendens doctrine Supreme Court India
- January 2026 Supreme Court civil procedure ruling
- Transfer of property during litigation India
- Decree holder rights Supreme Court judgment
- Execution of decree obstruction CPC
- Supreme Court transferee pendente lite ruling
- Civil litigation property transfer India
- Landmark judgment Order XXI Rule 102
Also Read: GST Orders and Natural Justice: Madras High Court Clarifies Same-Day Reply Issue