Caveat
prakashpk
(Querist) 29 January 2015
This query is : Resolved
We have dispute for a Wall and Case filed for those in 2008 by Petitioner. Meanwhile Petitioner (other party)send Caveat to us defendants). We have applied for Injunction. But for unseen situation we are unable to proceed.
Please advise.
Regards
Prakash
Devajyoti Barman
(Expert) 29 January 2015
Since caveat is filed now court will not pass any ex-parte ad interim injunction and court will pass temporary injunction only after hearing both parties.
prakashpk
(Querist) 29 January 2015
Thanks Devajyoti. For some unseen reason if it's drag say example if judge is on leave?. Or other reason hearing get postponed What should we do?.
Kindly pls. Advise
Regards
Prakash
prakashpk
(Querist) 29 January 2015
After he rejoins also if it is not happening??. I mean give hearing date? and drag..
Thanks
Regards
Prakash
prakashpk
(Querist) 30 January 2015
Ha Ha. Great Indian Law. It supports culprits
Guest
(Expert) 30 January 2015
Mr. Prakash,
Your mockery, "Ha Ha. Great Indian Law. It supports culprits" is untenable if your own lawyer happens to be ineffective. All depends upon the effectiveness and convincing power of the lawyer.
But, I have seen that on one hand you say, "for unseen situation we are unable to proceed," and on the other your presume several other things, like, (1)"For some unseen reason if it's drag say example if judge is on leave?" Or (2)"other reason hearing get postponed What should we do?" and (3)"After he rejoins also if it is not happening??. I mean give hearing date? and drag."
As per your own confession, you or your lawyer on one hand fail to proceed, on the other you have made several presumptions, which have not happened yet, and still making fun of the legal system by saying "Ha Ha. Great Indian Law. It supports culprits," merely on the basis of your own failures and hypothetical presumptions.
IS THERE ANY YARDSTICK FOR US TO JUDGE, WHO IS THE CULPRIT IN YOUR CASE, WHOM THE LAW SUPPORTS, WHEN YOU HAVE NOT PROVIDED ANY BACKGROUND AND DESCRIPTION OF YOUR CASE?
When you are unable to proceed, why blame law?
P. Venu
(Expert) 30 January 2015
In a pending litigation, a caveat amounts to nothing. Its relevance is limited to cases which are likely to be filed so that no ex-parte order, esp. interim relief or injunction is given.
Rajendra K Goyal
(Expert) 30 January 2015
Case file has to be referred, consult local lawyer and show him full details.
ajay sethi
(Expert) 30 January 2015
court will not pass any orders without hearing the defendants as caveat has been filed
T. Kalaiselvan, Advocate
(Expert) 01 February 2015
Caveat petition filed by the opponents at this stage of the case has nothing to do with the conduct of the case or will it affect he trial. Your mockery of Indian Law is as good as passing an insulting remarks against our country, better mind your language when you are using public portal while making comments. Expert Mr. Dhingra has made right made observations which you are to reply.
prakashpk
(Querist) 02 February 2015
PS Dhingra, T. Kalaiselvan, Thanks to your comment and don’t take it as personal. I am being an Indian; I support Indian law and follow. That is the reason we have gone to the court. But there must be change required as per todays world.
As Mr. Dhingra, Expressed his feeling,
As per your own confession, you or your lawyer on one hand fail to proceed, on the other you have made several presumptions, which have not happened yet, and still making fun of the legal system by saying "Ha Ha. Great Indian Law. It supports culprits," merely on the basis of your own failures and hypothetical presumptions.
We have appointed one of the senior lawyer, He is trying his best. But how many times court will give hearing. Now again we had hearing in court, again given hearing date. There should be a limitation for this. This is why I commented.
To : Mr. Kalaiselvan, Again I requesting not take it as personal. I am very much aware that we are using Public portal. To bring a change, we need to use public portal to publish in the world.
T. Kalaiselvan, Advocate
(Expert) 02 February 2015
For bringing a change in the administrative system or judicial administration, there is a way or proper measures to be adopted but not to pass such sarcastic comments which hurts when it comes to the nation in particular. Your intention may be different but the comments are undesirable, better have a control over your language. For expeditious proceedings, there are many provisions in law (including change of lawyer since the present lawyer despite being a senior lawyer, is not able to handle the case properly nor is able to satisfy his client's justified demands). Every Indian will take your comments personally and feel hurt, hence please do not repeat it.
prakashpk
(Querist) 18 February 2015
Hello Sir,
Our lawyer argued, meanwhile their lawyer did not attend two times for argument. They are just dragging and trying to complete their construction. It is now more than 30 days nothing has happened. We are unable to move further.
Another thing I forgot to mention is status quo issued for dispute wall until original case is cleared and wall was demolished by petitioner by sending caveat to us and court refused to give us injunction and told us to continue original case as there is injunction and status quo given for that wall.
Please advise
Regards
Prakash
