Caveat petition
SHANMUGASUNDARAM
(Querist) 03 April 2013
This query is : Resolved
Dear Sir,
A caveat petition was filed against me by my neighbor in a common land issue.It was filed on 01/04/2013.What i will do against this?,He may try to block way of my walls through that land.I was already received a court order on the year of 2006 against this issue in favor of me, stats that i have rights to go and maintain my walls any time.But now he was filed caveat petition,weather it will affect my rights,kindly give me the reply in clear.
Thanking you,
C.Shanmugasundaram
+91-9894832443.
prabhakar singh
(Expert) 03 April 2013
WHEN YOU ALREADY HAVE ORDER IT WOULD NOT AFFECT YOUR RIGHTS.
LIFE OF A CAVEAT IS 90 DAYS.IF YOU WERE TO SEEK SOME FRESH INTERIM ORDER FROM THE COURT AGAINST HIM THEN COURT SHALL NOT GRANT YOU EXPARTE WITHOUT HEARING HIM ALSO.
SHANMUGASUNDARAM
(Querist) 03 April 2013
Dear Sir,
Weather he has the rights to do construction activities in that area which may belongs to his side as per his documents nevertheless this order.
prabhakar singh
(Expert) 03 April 2013
If those areas are covered as suit land in case filed by you and injunction obtained by you then he CAN NOT OTHERWISE HE CAN.
Adv k . mahesh
(Expert) 03 April 2013
in 2006 you got order in your favor you should have constructed the wall long back
caveat petition will not harm you any way
R.K Nanda
(Expert) 03 April 2013
no more to add.
Devajyoti Barman
(Expert) 03 April 2013
When caveat is filed, the court can not pass any ex parte order. However that does not debar you from bringing the civil suit claiming necessary reliefs.
Vidhi Joshi
(Expert) 03 April 2013
No it wont stand with your earlier order..
SHANMUGASUNDARAM
(Querist) 04 April 2013
Dear Sir,
In continuation to this shall i reply to this caveat petition is necessary or not.Also if the petitioner is trying to block the place in this period of time can i stop him based on my court order,for that i have the rights or not.Kindly clarify this pl..,
prabhakar singh
(Expert) 04 April 2013
Yes! you can.
Reply to a caveat is no necessity in my opinion.
SHANMUGASUNDARAM
(Querist) 04 April 2013
ok thank u sir..,
Based on this petition only can the petitioner do the construction activities without my knowledge by that time what i will do..,
