Hello Dear Lawyers! Greetings of the day! Im from Hyderabad, Telangana. I have a rather simple query which is bothering me so would like clarity from you all. So, there was a partition suit filed by one of the previous owners daughters in 2012 and eventually in 2023 January we ( defendants ) won the case after a 11 year battle. It is an open agricultural land. After the verdict was pronounced It crossed my mind to file Caveat in high court of telangana since i did not want an appeal all over again. I understand either party has right to appeal however i wanted to file caveat so that the parties can discuss and solve out of court itself on mutual understanding instead of consuming years of court battle again. My counsel, despite reminders, was reluctant and failed to file a caveat ( my mistake was that i assumed caveat was filed naturally after the order ). So the other party filed an Appeal in high court to set aside the lower court order. I was very surprised/shocked to know that caveat was NOT filed by my counsel somehow. So then my counsel told me that even if caveat was filed the other party can still file Appeal suit however they wont get a direct order passed from high court if there was a caveat. This is where i need your expert opinion on this caveat matter as im not fully convinced with my counsels answer and would like clarity- Q1- If Caveat would have been filed & renewed upon expiry, could the other party have still registered the Appeal suit without any issue at all ? Q2- If yes, then what is the actual purpose of a caveat & where exactly does a caveat help in such cases ? Q3- If No, please elaborate on what all could/would have been saved by filing a ceveat. Kindly help me understand this better. Thank you in advance
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Appeal would have been registered
2) purpose of filing caveat is that no exparte orders be passed without hearing the caveator
3) it protect the interests of caveator i.e., the caveator's privileges may be prejudiced if the court issues an order on the caveatee's petition without hearing the caveator. Caveat gives the caveator a chance to be heard and eliminates the prospect of an ex parte order.
1. Yes, the opponent party can file the appeal whether there is any caveat subsisting or not available.
2. A caveat petition is defined as a precautionary measure taken by individuals when they are apprehensive of some legal action being taken against them in any matter. In law, the caveat acts as a formal notice wherein the caveator is always intimated before any legal action is instituted
3. The caveat petition is filed only to protect your interests in the judgment to intimate the court not to take any decision in your absence without a notice to you
Dear Client,
In legal proceedings, it is important to note that the opponent party retains the right to file an appeal, regardless of whether a caveat is currently in effect or not. A caveat petition serves as a precautionary step taken by individuals who hold concerns about potential legal actions that may be initiated against them. Essentially, it acts as a formal notice, ensuring that the caveator is informed before any legal action is undertaken.
The primary purpose behind filing a caveat petition is to safeguard one's interests in a judgment and to apprise the court that no decision should be made without providing proper notice to the concerned party. By doing so, the caveator seeks to prevent any decisions from being taken in their absence, ensuring that they have an opportunity to be heard and participate in the legal proceedings. The caveat petition thus acts as a proactive measure to protect one's rights and interests in legal matters.
Yes it can be filed only notice has to be given to other side before taking any reliefs
A caveat is a legal notice filed by a party with the court to inform the court that they have an interest in a particular matter, and they request to be notified before any orders or judgments are passed in that matter. The purpose of a caveat is to prevent the court from passing any orders or judgments without hearing from the party who filed the caveat.
Now, let's address your specific questions:
Q1: If a Caveat would have been filed & renewed upon expiry, could the other party have still registered the Appeal suit without any issue at all?
Yes, even if a caveat was filed and renewed, the other party could still have registered an appeal suit. Filing a caveat does not prevent the other party from initiating an appeal. However, the caveat serves as a warning to the court that before passing any orders on an appeal or application related to the original matter, the court must give prior notice to the party who filed the caveat. This ensures that the party filing the caveat is given an opportunity to be heard before any decision is made by the court.
Q2: If yes, then what is the actual purpose of a caveat & where exactly does a caveat help in such cases?
As mentioned earlier, the purpose of a caveat is to prevent ex parte orders, which are orders passed without hearing from all concerned parties. By filing a caveat, a party seeks to safeguard their interests and ensure that they have the opportunity to present their side of the case before any orders are passed.
In your case, if the caveat was filed, the court would have been required to inform you before passing any orders on the appeal filed by the other party. This would have given you an opportunity to respond to the appeal and present your arguments to the court, thus preventing any ex parte orders against you.
Q3: If No, please elaborate on what all could/would have been saved by filing a caveat.
Even though filing a caveat does not prevent the other party from initiating an appeal, it provides some benefits:
While filing a caveat does not prevent an appeal from being registered, it serves as a protective measure to ensure that you are not caught off guard by ex parte orders and that you have the opportunity to present your case effectively before the court.
The opinion of your advocate is correct. Caveat is merely filed to protect the interest by not letting the appeal if filed by other party be unheard and court should give notice to caveator before passing any interim order or disposal of appeal as case may be. There was no reason on your part to be shocked or surprised. Caveat does not prevent other party from filing appeal etc. You assumption is incorrect.
Limited purpose of caveat is court do not pass stay order without hearing the other party. No bar to file appeal.
- As per law, a caveat is a precautionary measure taken by a person who is worried that someone will file a case against that person in the court , and as a result, it is a notice that notifies a person when the court is about to take legal action against that person.
1. Yes, the other party can file the Appeal , however the court will not pass any order in the absence of other party and without a notice
2. No order can be passed without a notice
3. The appellate court is bound to inform the other party before referring the matter .
