A Caveat Application: in The High Court of Judicature of Mumbai at Mumbai

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A CAVEAT APPLICATION

IN THE HIGH COURT OF JUDICATURE OF MUMBAI

AT MUMBAI
Caveat Application No........./2018.

The Pune Institute of Engineering & )

Technology, Shivajinagar, Pune 411005, ) Caveator

acting through its Director, Dr. Ashok Anandrao )

Ghatol, age 55 years, occupation: service, )

resident of the Director’s Bungalow, )

Shivajinagar, Pune 411 005. )

Versus

Smt. K........P.........V.......... )

Age: 50 years, Occupation: Service, ) Caveatee

Resident of the Director’s Bungalow, )

Pune Institute of Engineering & Technology, )

Shivajinagar, Pune 411 005. )

A CAVEAT APPLICATION U/S 148-A OF

THE CODE OF CIVIL PROCEDURE

The caveator above named submit this caveat application u/s 148-A of the Civil
Procedure Code, praying to state as follows:

1. That the caveator is the Director of the Pune Institute of Engineering & Technology,
Pune and the caveatee is an employee working under his control at the said institute.
2. That since the caveatee has been unauthorisedly occupying the premises on the campus
of the said institute, the Government had asked her to vacate the said premises, but the
caveatee did not vacate the same, and therefore, eviction proceedings were instituted
against her.
3. That accordingly, the Competent Authority, Pune after complying with all the legal
requirements, issued the eviction order against the caveatee.
4. That instead of obeying the said eviction order passed by the Competent Authority,
Pune the caveatee preferred a miscellaneous civil appeal bearing No. 330/2017 in the
District Court, Pune.
5. That the said appeal of the caveatee was heard by the Hon’ble Extra Joint District Judge,
Pune on ..............., and an order has been passed by the Hon’ble Court to the effect that
“the appeal stands rejected with costs and the order of the Competent Authority is
hereby confirmed”.
6. That it is respectfully submitted that the orders passed by the Learned Trial Court as
well as the Learned Appellate Court are legal, and hence, neither injustice has been
done to the caveatee, nor any hardship caused to her.
7. That it is apprehended that the caveatee may prefer an appeal, or a revision or a writ
petition to this Hon’ble High Court, praying therein for interim relief or injunction in
the nature of stay, status quo, etc.
8. That this caveat application being chargeable with a fixed rate of court-fee, the said is
paid herewith.
9. That it is, therefore, prayed that –
(A) In case the caveatee files an appeal, revision or writ petition or any application,
seeking for any such remedy or relief, before passing any orders in the matter,
necessary notice may kindly be served on the caveator;
(B) An opportunity of hearing be granted to the caveator in the event of such an appeal or
a revision or a writ petition, if and when filed or preferred by the caveator, and
(C) Any other orders in the interest of justice be kindly passed.
10. That a copy of this caveat has been sent to the caveatee by registered post
acknowledgement due on his within mentioned address.

Mumbai, Sd/- AAG

Dated: ................. CAVEATOR

Sd/- x Y z

ADVOCATE FOR CAVEATOR


VERIFICATION

I, Dr. Ashok Anandrao Ghatol, the present caveator, do hereby state on solemn
affirmation that the contents of this caveat application in paras 1 to 10 are true and correct to
the best of my knowledge and belief, so I have signed hereunder.

Sd/- AAG

CAVEATOR

Exercise for Practice:

Draft a Caveat Application under Section 148-A of the Civil Procedure Code in the Court of
District Judge based on your own facts and circumstances.

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