Obtaining interim injunction when a caveat has been filed by the defendant
S.R.Venkatraman
(Querist) 16 May 2011
This query is : Resolved
Since, my two trespass suits were dismissed by the judicial magistrate court, I have appealed at a higher court.In the meantime, the counsel for the defendant has filed a caveat. In this condition, is it possible to obtain an interim injunction restraining the entry of the defendant into my land?
What is the purpose of this caveat filed by the defendant??
adv. rajeev ( rajoo )
(Expert) 16 May 2011
when there is a caveat unless hearing of the other side interim order won't be passed.
Guest
(Expert) 16 May 2011
caveat means (beware-caution)which is filed to stop getting interim orders in exparte while filing the appeal or proceedings. Which would be inforce for 90 days from date of filing. After filing the caveat court will send notice to the respondent it means LET NOTHING BE DONE WITHOUT NOTICE TO THE CAVEATOR. But the court may grant interim/exparte orders despite the pending of caveat.
Advocate. Arunagiri
(Expert) 16 May 2011
You can get an interim injunction. The caveat petition is only enabling the defendant to be present when the case is heard. So, you can get the order even if the other side is present.
G. ARAVINTHAN
(Expert) 16 May 2011
you need to serve notice to the counsel for the defendant/caveator. You have to proceed your case. Discretion of granting interim order vests with the Judge
Rajaraman.A.K
(Expert) 17 May 2011
Filing caveat enable the defendant/respondent to be informed about the matter well in advance. If you served with papers and they are represented by their counsel, if you could establish immense urgency for interference of the appellate court, the court can grant you any order. As far as your case is concerned, you can insist the court to grant an order of status quo.
File a miscellaneous application in the appeal and ask for status quo. For further clarrification contact any expert.
Surrender K Singal
(Expert) 17 May 2011
Caveat ensures no ex-parte proceedings or order; Why be scared if the other side is present when you are arguing for your relief etc.
Guest
(Expert) 18 May 2011
Caveat may not cause hinderance in to your action to seek any relief.
RAJU O.F.,
(Expert) 22 May 2011
After receipt of notice of Caveat, you may issue copies and notice to the other side and seek interim Order. Court can pass interim Order after service of notice to the other side.
