Caveat on execute petition by some unknown party
pl1532a
(Querist) 19 December 2015
This query is : Resolved
I have filed an eviction suit in small causes court in Bangalore small causes court and have got an onrder in favour of me directing the tenant to vacate the property in 3 months along with dues to be paid.
While the three months are complete and i am in the process of filing the execute petition, i have received a post from some other lawyer which has a caveat posted by some one whom i dont know at all. The caveat says that this new unknown person is staying in the house for 2.5 years while he is not involved as a party in the eviction case i had filed.
The tenant against whom i have won the case has accepted throught that he was the tenant of my property..infact there is a false injuction case thats still running on me which the tenant has filed.
Now can a third party unknown person file a caveat on execution petition between me and my tenant?
Will this impact my execution petition?
Will this lead to a situation that i need to file another eviction suit on this unknown person?
What is the best action i can take now?
Regards,
Mani
P. Venu
(Expert) 20 December 2015
"infact there is a false injunction case thats still running on me which the tenant has filed." Please furnish the details.
Anyhow, you may file the execution petition; the proceedings will take of the other aspects.
alexander
(Expert) 20 December 2015
An Injunction is issued to the defendant along with the copy of the Plaint and conncted documents. The Court hears both the prties and then either vacates it or makes it "permanent" till the finalisation of the case. If the injunction was filed by a party not having the locus of being your tenant you should have got it sorted out ab initio.
Rajendra K Goyal
(Expert) 20 December 2015
You may file execution on the basis of the orders.
pl1532a
(Querist) 20 December 2015
Thanks for your suggestions.
1. Just some more question, if some new party always pops in and files a caveat on execution petitions will any case ever get resolved?
2. Can a Caveat be maintainable for exectuion petitions
3.How will this impact my case and time to get the posession of the property
