Caveat
Kuntal Bhattacharya
(Querist) 12 April 2014
This query is : Resolved
My uncles filed Civil Suit praying declaration of their exclusive title in a piece of land (joint property) in the Hon'ble court of Sub-judges in my district. Side by side they filed an application before concerned BL&LRO for mutating their name in respect of the property. BL&LRO did not agree for the mutation. Then, they applied before LRTT Kolkata. After hearing ex-perty, LRTT directed vide Order dtd 30/3/2011 to BL&LRO to dispose of the same by mutating their name in the property within a period of 6 months. Accordingly BL&LRO disposed off the same by mutating the property in their names.
Feeling aggrieved, we filed an appeal in the High Court of Calcutta. The two judges' bench modified the order dtd 30/3/2011 of LRTT and directed BL&LRO to consider & dispose off my uncles' application for mutation in the tune of the judgement and/or decree to be passed in the civil court (sub-jedges court) upon notice to us & hearing. (since, Two judges bench of High court is of the view that my uncles did not disclose the pendency of the Civil Suit filed by them before Sub-judges Court.)
Now, please Advise following:
Whether we should lodge Caveat before supreme Court to avoid any ex-perty order/judgement against the judgement of High Court???
Is there any chance to appeal within the High Court of Calcutta by my uncle against the judgement ??
Devajyoti Barman
(Expert) 12 April 2014
No need for Caveat in supreme court.
Clarify whether the writ court in Calcutta was division bench or single bench.
If it was single bench the LPA lies in division bench of same high court only.
Kuntal Bhattacharya
(Querist) 12 April 2014
The Judgement was given by Justice Jyotirmay Bhattacharya & Justice Ishan Chandra Das.
Sir, How can I know is it single bench or Division bench????
Devajyoti Barman
(Expert) 12 April 2014
This is Division Bench. Now only SLP lies in Supreme Court for which Caveat can be filed.
Dr J C Vashista
(Expert) 13 April 2014
Caveat should be filed in Supreme Court
R.K Nanda
(Expert) 13 April 2014
file caveat in supreme court of india.
ajay sethi
(Expert) 13 April 2014
agree with experts
T. Kalaiselvan, Advocate
(Expert) 13 April 2014
I agree with the experts that a caveat petition will lie in the Supreme court.
P. Venu
(Expert) 13 April 2014
There is no scope for an SLP as no substantial question of law could be raised and even if an SLP is filed, leave will be refused in all probability. Even in that unlikely eventuality, the Apex Court will not grant an ex-parte stay.
In short, it would be superfluous to file the caveat in the Supreme Court.
T. Kalaiselvan, Advocate
(Expert) 15 April 2014
Filing a caveat in Supreme court in this regard was to be be prepared or cautious about an event when it becomes necessary in the given circumstances.
P. Venu
(Expert) 16 April 2014
The only purpose served by a caveat is that the appellant or the petitioner cannot get an ex-parte stay. The expenses for filing a caveat in the Supreme Court would be five figure amount.
