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Toughest2016   26 January 2016

Caveat petition

Dear Learned,

Got a academic query, where to file caveat in case High Court has branches? should it be filed in two branches or 1 branch only?

My ex wifes' High court jurisitiction is different from mine. We both are in same state. Case to appeal is on a order from lower court in juristiction as of wife place. 

Thank you.



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 January 2016

where there is an order in your favour and it is likelihood a writ petition/appeal is lie against such order in that case you may file caveat.

In simple words there should be some order in your favour because for filing a caveat a copy of an order is to be annexed.

No high court will have branches. But benches are there. 

Toughest2016   26 January 2016

Thank you sir, I stand corrected it is High court bench in different cites, in such case, where should my caveat lie.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 January 2016

Coveat is filed in apprehesion of an order and not if order has already been given. For instance if I were a tenant and by the actions, utterances  or letters of the landlord, I fear that he may get an eviction order against me I can file a coveat. I shoud not wait for an actual eviction order. When I file a coveat I will have to give grounds for such fear.It may be another order which is not an eviction order or it could be something else.


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