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asaac   25 April 2026

How to obtain stay where caveator is heard but others are unrepresented?

When caveat exists for a petition how to obtain stay where only caveat is made but other parties remain unrepresented? The goal is to obtain stay as quickly as possible without having to serve all parties and wait for them to be onboard. I am aware of exparte stay and stay when all parties are heard but is there some other stay when caveat exists?


 5 Replies

T. Kalaiselvan, Advocate (Advocate)     25 April 2026

The court will not grant stay without hearing the respondents because a caveat petition is existing.

You may have to argue on merits and the opponents also have to file objections and argue their case.

P. Venu (Advocate)     25 April 2026

Getting stay, that too wothout hearing the other parties, is not a right. It is at the disrection of Court based upon the facts of the case and the legal elements, thereto.

Dr. J C Vashista (Advocate )     27 April 2026

Consideration of a petition where caveat is operative and grant of stay are two different subjects, same may not be clubbed togather.

The caveator shall be informed before the case is being heard, however, unrepreseted respondent(s) shall have to keep a track of the case. 

asaac   27 April 2026

I am  told only caveator needs to be heard before stay is decided. But how to make such a stay I.A? I only know of exparte stay but not sure if thats valid when caveator is present. The other is a regular stay where all parties have been notified.

So I am wondering what kind of stay I.A will le caveator to be notified while others remain unrepresented?

Dr. J C Vashista (Advocate )     29 April 2026

What is the opinion and advise of the lawyer engaged by you (in Trial as well as High Court) ?


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