CAVIET
BHAVESH Y KAYASTHA
(Querist) 18 August 2010
This query is : Resolved
WE HAVE WON THE MATTER IN CITY CIVIL COURT AHMEDABAD FOR TRASSPASS AS PER COURT JUDGEMENT AGAINST OUR TENANT FOR AQUIRING ILLEGAL POSSESSION OF OUR PREMISES. NOW MUST WE HAVE TO FILE CAVIET IN GUJARAT HIGHCOURT FOR PREVENTING OUR TENANT TO PROCEED FURTHER IN GUJARAT HIGH COURT. WITH THIS CAVIET CAN WE STOP OUR TENANT FOR GOING INTO GUJARAT HIGH COURT. EXPLAIN ME THE EXCAT PURPOSE OF CAVIET FILING.
Sachin Bhatia
(Expert) 18 August 2010
Caveat is an application addressed to the registrar, filled in any of the High Court or Supreme Court of India mentioning the details of any matter which is instituted or expected to be instituted in a suit/appeal/proceeding before the said court where the applicant/caveator request that no order with regard to the said matter may be passed without giving notice to the applicant/caveator. The advantage of such application/caveat is to avoid any ex-parte order in any matter which the other party may try to get at the time of filling the matter in any of the courts.
s.subramanian
(Expert) 18 August 2010
Yes. I fully endorse the view of Mr. Sachin.
Chanchal Nag Chowdhury
(Expert) 18 August 2010
I agree with Mr. Sachin. However, by that U cannot prevent your tenant from proceeding in the HC.
Shashwat Shukla
(Expert) 18 August 2010
Yes Mr. Sachin is absolutely right.
G. ARAVINTHAN
(Expert) 19 August 2010
by filing caveat you will be given notice if your client move any interim order in the appeal. You can not stop his appearance to High Court. However can interfere with his case
N.K.Assumi
(Expert) 19 August 2010
But if he take up the proceedings in Gujurat are you not going to be necessary party to the case? as he can not proceed against a strangers against your property, if yes, there is no need for caveat.
