Caveat in hc

1. Affidavit is required when filing Caveat at Hon'ble HC.
2. The Diary No. is also given on the spot after clearing objections if any.

some1 pl. provide the format of caveat 

is it required to send a copy of this affidavit to the other party along with the cavet application ?

https://bombayhighcourt.nic.in/libweb/rules/OSrules/bhcosrules.html

https://bombayhighcourt.nic.in/libweb/rules/BHCASRulesPDF/BHCASRules04.pdf

(FORM OF CAVEAT)

IN THE COURT OF ............................................- 

AT ....................................... 

 SUIT/PETITION/APPEAL 

NO..............................19...... 

 In the matter of Caveat under

section 148-A 

 of the Code of Civil Procedure. 

............................................................Caveator. 

Prays that no orders be passed without due notice

under section 148-A of the Code of Civil Procedure to the

Caveator above named on any application for ...............

(State in short reliefs to be prayed for) in Suit/Petition/

Appeal No. .................... of 19...... of this Court (or in a

suit/ Petition/Appeal likely to be filed in this Court)

wherein....... is/may be Plaintiff/Petitioner/Appellant

and .......................... is/may be the

Defendant/Respondent.

The Caveator's address for service

is .................................. 

The Caveator undertakes to the Court to give notice

by Registered Post A.D. to ...................... the

Plaintiff/Petitioner/Appellant abovementioned, at the

following address.................................. 

Caveator.

IN THE HON`BLE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

Caveat application no. _________ of 2013

In the matter of caveat u/s 148 A of the Code of Civil Procedure

Caveator :

Shantanu Shivaji Wavhal,

Age – 36 years, occupation – publisher,

r/o Dehli Gate, Satbhai Mala,

Near D.Ed. college,

Ahmednagar – 414 001.

Other party / Opponent :

Nilima Baban Borde,

Age – 35, occupation – service,

r/o c/o Baban Gulal Borde,

822, Ganesh Mandir Road, Khapar,

Tal. Akkalkuwa,

Dist. Nandurbar.

The caveator humbly prays that :

1)    No order such as stay, status quo, injunction, inventory or any other interlocutory order be passed without due notice to the caveator in an appeal likely to be filed against the judgement and decree in the Hindu Marriage Petition number 450 of 2011 on the file of the hon’ble 3^rd Joint Civil Judge, Senior Division, Ahmednagar dated 25/04/2013 wherein Nilima Baban Borde, r/o c/o Baban Gulal Borde, 822, Ganesh Mandir Road, Khapar, Tal. Akkalkuwa, Dist. Nandurbar; may be appeallant and caveator along with Vijay Murlidhar Borde, r/o c/o Murlidhar Pralhad Borde, plot number 56, Korit Naka, Nandurbar will be respondents.

2)    The caveator undertakes to send notice of this caveat to the intended appellant by registered post A. D. at the following address:

Nilima Baban Borde, c/o Baban Gulal Borde, 822, Ganesh Mandir Road, Khapar, Tal. Akkalkuwa, Dist. Nandurbar.

3)    Caveator’s address for service of notice is as under :

Shantanu Shivaji Wavhal, Dehli Gate, Satbhai Mala, Near D.Ed. college, Ahmednagar – 414 001.

4)    Fixed court fees stamp is affixed to the caveat application.

Aurangabad

Date - 04 / 05 / 2013                                                    Caveator

AFFIDAVIT

Affidavit of Mr. Shantanu Shivaji Wavhal, age – 36 years, occupation – publisher, r/o dehli gate, satbhai mala, near D.Ed. college, Ahmednagar – 414 001.

I, Shantanu Shivaji Wavhal the above named deponent do hereby

solemnly affirm and declare as under :-

1.      I say that I am the Original Applicant in the Hindu Marriage Petition number 450 of 2011 on the file of the hon’ble 3^rd Joint Civil Judge, Senior Division, Ahmednagar and as such am well conversant with the facts and circumstances of the case and am competent to swear this Affidavit.

2.   I say that the contents of the accompanying Caveat, on behalf of the Defendants under Section 148-A of the Code of Civil Procedure are true and correct.

Deponent

VERIFICATION

I, Shantanu Shivaji Wavhal, the above named deponent do hereby verify that the contents of this Affidavit are true and correct.

Verified at Aurangabad on this 04^th day of May 2013.

Deponent

IN THE HON`BLE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

Caveat application no. _________ of 2013

In the matter of caveat u/s 148 A of the Code of Civil Procedure

Caveator :

Shantanu Shivaji Wavhal,

Other party / Opponent :

Nilima Baban Borde,

The address purshis by the caveator in the matter of this caveat is as follows :

Shantanu Shivaji Wavhal,

Dehli Gate, Satbhai Mala, Near D.Ed. college,

Ahmednagar – 414 001.

Aurangabad

Date - 04 / 05 / 2013                                                     Caveator

Kindly suggest corrections if any ...

have you checked the bench if its correct then document is correct 

yeah !

my jurisdiction is Aurangabad Bench (& not Bombay.)

Greetings to all the members of lawyers club India community.

i wanted the caveat format particularly in the grant of probate proceedings and the caveat is to be filed in Bombay High Court.

So i request u to reply at the earliest and its urgent.

i request the experts to reply in this matter.

Thanx !!!!!