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Stay order against Caveat is possible or not? If so how to avoid it
19-Mar-2023 (In Civil Law)
We have filed a caveat to our neighbours for smooth construction of our new house but one of the neighbour filed a case that we are building on the their land and sent a notice to us for stay of construction. Is it possible to get stay on this issue. But we have proper order from corpration to built the house. Kindly help us in this situation.
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.
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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Adv. Vedashree A
Bangalore | 500+ Answers
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Can a caveat petition be dismissed?
The case is dismissed:
The court may dismiss an entire case if it finds that the caveat was not filed with proper legal basis. The caveator may suffer a severe loss if the court finds that the caveat petition was filed without proper legal grounds. 17-Apr-2023
What is the time limit for caveat petition?
A caveat petition is valid for three months (90 days). A caveat petition only lasts 90 days.
Can caveat petition be challenged?
The caveator can withdraw the petition at any time. Once withdrawn, a caveator may not file another caveat in the same case without court permission. The other party can also challenge it by filing a vacate request. This petition is filed to remove the caveat that was entered by the caveator.
Can a caveat stop a stay order?
A caveat is a request to the court to not hear the case in the absence of the person. The court cannot pass an order of stay against the person without giving him the opportunity to be heard.
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
Adv Jamal
Bangalore
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Adv. Jamal Sait
Bangalore | 400+ Answers
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If the court determines that the case is without merit or the petitioner lacks standing, this can be done. A motion for summary judgement is another way to end the "caveat petition". It is possible to do this without disputing facts and have the case decided on a legal basis.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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