Manju 15 June 2021

Appeal - Caveat

Hi experts,
Thank you in advance.

I am a plaintiff in one injunction suit of land. The junior civil judge court listened both parties and given order in favor of me for one IA. Now, it seems other party is going for appeal on it.
1. Is it good to file caveat? or
2. Is there any chance in appeal court may pass order in favor of my opponents with out listening/knowing to me?
3. are all courts pass order after listening both parties only?

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Quick Summary

If you've won an interim injunction in a land dispute and the other party plans to appeal, filing a caveat is highly recommended. This ensures you are notified and have an opportunity to present your case before any adverse orders are made by the appeal court. While courts generally hear both sides, a caveat provides an extra layer of protection and allows you to formally submit your arguments at the appeal's admission stage.

4 Replies

Sankaranarayanan (Advocate) 15 June 2021

You shall prepare for all future actions by the opponent. Consult with your lawyer and act accordingly

SHIRISH PAWAR, 7738990900 (Advocate) 15 June 2021

Hello,

Filing caveat is always beneficial if you apprehend any adverse order against you without hearing you.

Advocate Bhartesh goyal (advocate) 15 June 2021

Generally appellate court does no pass order without hearing both the parties even then I advice you to file caveat so you may put up your submission at the stage of admission of appeal.

Shashi Dhara 15 June 2021

Usually in case before order or judgement ,decree is passed the advocate must be ready with caveat petition and file it as soon the orders is passed ,,negligence will cause heavy damage to client

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