Sarvesh 07 June 2025
Hi team
Greetings for the day
Plantiff filed a suit in lower court and lost the case suit was dismissed
He moved to high court for appeal
My question is we have already filled a caveat but suddenly when I looked up in high court listings case has been numbered with IA
My question is we have not received any notice about this issue
The case is scheduled for hearing next week what we can do!?
Will there be stay passed in favor of plantiff?
Please guide with next possible steps
Thanks
R.K Nanda (Advocate) 07 June 2025
Appear in high court on date fixed and seek time from court to file reply of appeal and IA.and oppose grant of stay order to plaintiff/ appellant.
T. Kalaiselvan, Advocate (Advocate) 07 June 2025
It is the duty of the appellant counsel to serve you a notice in this regard.
However you are not prevented from filing vakalatnama in advance and appear on the date of listing to file your side counter affidavit to the IA.
Dr. J C Vashista (Advocate ) 08 June 2025
The appeal cannot be accepted by the registry of High Court till appellant submits proof of service to you.
The appeal, even if listed for IA as stated by you, shall not be heard in your absence if your caveat is registered.
When you came to know about listing of the appeal let your counsel may appear in the Court on the date fixed after filing his / her vakalatnama and point out irregularity.
Which High Court do you expect the appeal has been filed, as most of the High Courts, including snow bound areas are enjoying summer vacation (in India) ?
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