Don't want to contest in supreme court

The appellete Court (Supreme Court) shall decide it as ex-parte.

The supreme court will decide the appeal based on the merits of the case

That is right to everyone citizen for appeal. If you win in high court the defendant may or may not go appeal. Appeal is not mandatory. It is an optional for looser of suit

Dear Reader, 

Dear Reader,

Thank you for your query. In India, the High Court serves as the highest court within a state, and its decisions are binding within that jurisdiction. If the High Court has upheld the partition of property in your favor, it signifies a thorough examination of the case's merits. The Hon'ble Justices at the Supreme Court of India are known for their meticulous scrutiny and are unlikely to interfere with a well-reasoned High Court judgment unless there is a substantial question of law or a significant legal error.

While any party has the right to appeal to the Supreme Court, initiating such an appeal is not straightforward. To appeal, the party must first seek special leave to appeal (SLP) under Article 136 of the Constitution of India. The Supreme Court exercises discretion in granting SLPs and typically does so only when the case involves substantial questions of law or public interest. Many SLPs are dismissed daily when the Court finds no merit in the appeal.

To protect your interests, you may consider filing a caveat petition in the Supreme Court. A caveat ensures that you are notified before any ex-parte orders are passed in the case, allowing you to be heard and present your arguments. This proactive step can help safeguard your rights and ensure a fair hearing.

Please note that the Supreme Court's intervention is discretionary, and it is unlikely to interfere with the High Court's decision unless there is a significant legal issue. Therefore, while you have the right to appeal, the chances of the Supreme Court overturning the High Court's judgment are minimal unless substantial grounds are presented.

Best regards,
Rohan Chanda Advocate.

Whether it is lower Court or High Court or Supreme Court, if a party is not appearing, he would be set ex parte and an ex parte decree or order would be passed. 

In your case, even if you win upto the level of High Court, and if your opponent approaches the Supreme Court, I would advise you to contest the case in Supreme Court also. 

In the Supreme Court, there are two stages. (1) Special Leave Petition (SLP) and (2) Civil Appeal. Most of the cases get dismissed at the stage of Special Leave Petition itself. Very few cases get into the second stage, which is Civil Appeal. 

If you file a caveat in the Supreme Court, you can try to get the Special Leave Petition (SLP) dismissed at the very beginning itself. 

Try to find out from your High Court lawyer whether he would be able to help you to fight the case in Supreme Court through his contacts. 

I also suggest that you make enquiries in your High Court itself.

Please also go to New Delhi and visit Supreme Court and make enquiries. At least, take a look at the Supreme Court of India in advance. 

I would advise you to fight in the Supreme Court too. If your opponent filed a Special Leave Petition against you, you should be happy about it and try to get it dismissed. 

Kakoli B. 

I would recommend filing caveat in Supreme Court when you feel that any exparte orders may be passed or is likely to be passed. 

Taps9

Its cost effective and gives u an opportunity to defend your case in the beginning

When the author do not want to contest in Supreme Court against appeal / SLP as he got favourable orders in High Court, which may or may not be filed by his opponent, is there any requirement (in law) to file a caveat petition, as suggested by some experts ?

Dear Reader, 

In my opinion a caveat petition is a precautionary legal measure, not a mandatory requirement under the law. It ensures that the caveator (the party filing the caveat) is notified before any order is passed on an appeal or SLP (Special Leave Petition) filed by the opposing party in the Supreme Court.

While filing a caveat is not a prerequisite or a statutory obligation, it can be strategically beneficial in certain situations. If you anticipate that the opposing party might challenge the favorable High Court order, a caveat guarantees you the opportunity to present your side before any ex-parte relief (in many cases while issuing notice in an SLP the impugned order is generally stayed) is granted to the other party.

In essence, a caveat is a tool to safeguard your interests proactively and avoid being caught off-guard. Its necessity depends on the specific circumstances and dynamics of the case at hand. For some, it is a blessing in disguise to stay ahead of potential litigation moves by the opposing party.

Best, Rohan Chanda Advocate.

Why partition suit against the mother? Please post the complete facts.

In Supreme Court of India, when a petitioner files a Special Leave Petition (SLP), the petitioner appears through his counsel, and two judges of Supreme Court of India hear the counsel, usually for five to ten minutes. After that, in a majority of cases, they dismiss the SLP. In some cases, the two judges may order notice to the respondents. This is what happens in the first hearing. 

If notice is ordered by the two judges, then the petitioner must send notice to the respondents through the Supreme Court. 

Then, in a subsequent hearing, the respondents appear through their counsel, and argue the matter, and the case progresses further. The SLP may be dismissed during this subsequent hearing also, after hearing the counsel of respondents. 

The point to be noted is, the respondents will receive a notice from Supreme Court of India, after the first hearing only. 

However, if the respondents file a caveat as soon as the High Court passes its judgment or order, then the Supreme Court of India will inform the respondents BEFORE the first hearing itself. Then, the respondents can appear before the Supreme Court of India in the first hearing itself, and try their best to get the SLP dismissed in the first hearing itself. 

So, if a caveat is filed, the respondents will know about the SLP before the first hearing. 

If the caveat is not filed, the respondents will know about the SLP after the first hearing. 

Since you do not know whether your opponents will file an SLP or not, you have to renew the caveat from time of time. Probably once or twice a year. 

So, filing a caveat is optional. Depending on your particular situation and your eagerness to get the SLP dismissed, you may decide whether to file a caveat or not. 

If you already made up your mind to not contest the SLP in the Supreme Court of India, then there may not be a need to file a caveat. But, if you are keen to contest the SLP, then it is advisable to file a caveat. 

I suggest that you consult a couple of lawyers of Supreme Court and your own High Court and decide the best thing  to do. 

In any case, I suggest that you visit New Delhi to step into the Supreme Court of India and speak to a few lawyers. Do some sightseeing and shopping too. Become familiar with New Delhi. 

Kakoli B.