Prashanth 30 May 2018
Is there any way to prevent a person from going to the High Court (Karnataka) to prolong the case? In my situation, regarding eviction of tenant from premises, civil court has passed judgment order in my favor. I want to know if the tenant can approach the High Court to prolong the case and if there is any way to prevent him from doing so, by filing a caveat. Many thanks to those who reply.
R.Ramachandran (Advocate) 30 May 2018
First, the very thought of preventing anybody from approaching higher judicial forum for his legal rights is TOTALLY WRONG.
Place yourself in the tenant's position. Will you not approach higher courts, if you feel that you have a case in your favour?
Therefore, the question of preventing anybody from approaching higher court or for that matter any court simply does not arise.
Yes, you can file a Caveat application if you feel that the other party may file any Appeal in the higher court. Once you file a Caveat, you will get an opportunity right at the first hearing of the matter, and only after hearing you, the higher Court will either grant stay of the operation of the decision of the lower court, or it may decline grant of stay.
Prashanth 30 May 2018
Thank You Sir.
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