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Is it possible to get a stay order against a caveat? If so, how can one break the caveat petition or


25-Jul-2024 (In Civil Law)
We have filed a caveat to ensure smooth construction of our new house, but one of our neighbors has filed a case claiming we are building on their land and has sent us a notice for a stay of construction. Is it possible to obtain a stay order against this issue? We have proper orders from the corporation to build the house. How can we break the caveat petition or address the caveat against the stay order in this situation? Kindly help us.
Answers (3)

Answer #1
162 votes

A caveat petition is essentially a safeguard that ensures the person who files it (the caveator) gets a chance to be heard before any order is passed against them. To challenge or address a caveat, one can file a counter-caveat or an application seeking its removal. The caveator also has the option to withdraw it voluntarily. If the court finds that the caveat is frivolous, baseless, or without merit, it can dismiss it. In short, a caveat acts like a legal "heads-up"to the court, making sure no decision is taken behind the caveator's back.

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Advocate Chikirsha Mohanty

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Answer #2
895 votes
Caveat is just a precautionary measure to get informed if any expected suit gets filed against you in the court of law. The period of a caveat is limited for 90 days. On the expiry of 90 days, again you have to file for the caveat if you are expecting a legal suit to be followed soon.Caveat is an application to the court that the person thinks that a case may be filed against him and therefore he informs the Court through application of caveat not to hear the matter in his absence and the court must not pass a stay order against him without affording him an opportunity of being heard. Stay is the order of the court to stop/restrain someone from doing something or to maintain status quo or to temporarily stop a person from the execution of some proceeding.
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Advocate Vedashree A

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Answer #3
954 votes
Since you had filed a caveat the court must have given a notice to you and opportunity must be given to hear your arguments before passing such orders. You can approach High Court and get a stay on such injunction. Adv Jamal Bangalore
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