Caveat
Krishna Raju
(Querist) 10 August 2014
This query is : Resolved
Hi
I have received caveat application via registered post saying that they are going to file a Caveat petition on my property and if I take any further legal proceeding on my property. I have to inform to the petitioner(village sarpanch).
In the Caveat notice all false information given, they mentioned as the government property encroached by us illegally.
In fact this property gave by the government under freedom fighter quota. Courts were confirmed in 1967 as the government decision was absolutely right. Whatever the obligations they are mentioning now same obligations were raised in 1967 and courts dismissed their petition.
How can I cancel the Caveat petition, as I don't want this to be in force 90 days, as they may take our property in their position in these days.
Please advise.
Devajyoti Barman
(Expert) 10 August 2014
No need to give much weightage about Caveat. it has nothing to do with the merit of your case.
You can take any plea in your favour when you are going to file the case irrespective of the contents of Caveat.
Caveat notice can not be cancelled.
ajay sethi
(Expert) 10 August 2014
agree with Mr barman
Akhil Dave
(Expert) 10 August 2014
Dear Mr. Krishna Raju,
As already suggested, Caveat has nothing to do with merit of your case.
If you think fit, proceed further and file appeal and as responsibility casted, informed the other party however the court will inform the other party before proceeding any further.
Nothing to worry about. The Court can not grant any injunction/or pass any order without hearing the other party.
Warm Regards,
Akhil Dave
Advocate, GUJARAT
daveakhil@gmail.com
Krishna Raju
(Querist) 10 August 2014
Thanks for all your advises.
Raj Kumar Makkad
(Expert) 10 August 2014
Well advised by experts hence no more to add.
Dr J C Vashista
(Expert) 13 August 2014
Very well advised, agree with the expert Sh. Devajyoti Barman, nothing more to add.
Anirudh
(Expert) 13 August 2014
Dear Mr. Krishna Raju,
Pl. undersand the meaning and purpose of the Caveat.
By filing the Caveat, the Caveat filer anticipates that some appeal will be filed against them, and they do want the Court to pass any order, in their absence.
By Giving a copy of the Caveat to you (by regd. post) all that is expected of you is that, whenever you file any appeal, you have to supply a copy of your appeal in advance to the party/person(s) who served the Caveat Petition to you.
By this way, it will be ensured that the person who filed the CAVEAT petition will come to know as to when the appeal that may be filed by you will come before the Court for hearing, and he may make necessary arrangement to be present in the Court to present his side of the story, before Court passes any order.
YOU CANNOT CANCEL THE CAVEAT PETITION. If you do not file any appeal, then the Caveat petition will lose its merits. However, if you file any appeal, then you have to serve a copy of your Appeal in Advance to them, before actually filing the appeal in the Court.
R.venkatesh Naidu
(Expert) 29 August 2014
it is enough or not
because the advise of the experts are very elaborately
Anirudh
(Expert) 29 August 2014
Dear Mr. Venkatesh,
The querist has thanked the experts 19 days ago.
Probably it is our turn to ask you "Why you are attending to this query so soon?"
T. Kalaiselvan, Advocate
(Expert) 13 August 2014
