Draft a Caveat Petition
Mr. ABC, S/O XYZ, aged about 38 years, r/o _______ , Hassan District, has purchased a site bearing no 58 measuring 30*40 from one Smt. DEF, w/o GHI, by a registered sale deed dated 10-10-2023. After the purchase, he started constructing a building, at the time of digging, Mr. PQR, s/o MNO, along with his supporters came near the site and raised objection to the ongoing construction on the ground that was part of his land obtained through partition deed dated 12-9-2022 in the family partition, there are revenue entries in his name and also survey was done, therefore, he opposed construction. Mr. PQR may file suit for an injunction and may obtain an ex- parte Temporary Injunction. Mr. ABC wants to file the Caveat Petition.
IN THE COURT OF THE PRINCIPAL SENIOR DIVISION CIVIL
COURT AT HASSAN
CAVEAT PETITION NO. /2025
BETWEEN
Mr. ABC, S/O XYZ,
Aged about 38 years,
R/AT ,
Hassan District,
Karnataka-573201……….
CAVEATOR
AND
Mr. PQR, S/O MNO,
Aged about 35 years,
R/AT ,
Hassan,
Karnataka-573201……….
APPLICANT
MEMORANDUM OF CAVEAT PETITION UNDER SECTION 148A
OF THE CODE OF CIVIL PROCEDURE, 1908
The caveator above named humbly submits as follows:-
- It is submitted that the caveator purchased a site bearing no 58, measuring 30×40 Sq. Ft, from one Smt. DEF, W/O GHI, through a registered sale deed on 10.10.2023.
- Subsequently, the caveator started construction on the said site. The applicant, along with a group of supporters, came to the site and objected to the construction, claiming that the site is part of their joint family property and was subsequently allotted to the Applicant through a partition deed on 12.09.2022.
- The Applicant has asserted that there are revenue records and a survey report in the Applicant’s name only. Based on these claims, the applicant is likely to file a civil suit seeking an injunction and may attempt to secure an ex-parte temporary injunction order against the caveator to halt the ongoing construction
- The Caveator reasonably apprehends that such a suit, if filed, may lead to an ex-parte order of injunction, which would seriously prejudice the Caveator’s lawful possession and ongoing construction over the property the Caveator rightfully purchased.
- It is submitted that no ex-parte orders be passed in any proposed suit or application by the Applicant or anyone on his behalf, without giving prior notice and hearing the Caveator.
PRAYER
WHEREFORE, the caveator most respectfully prays that
- In the event that any suit or interlocutory application, including one for a temporary injunction, is filed by the Applicant or any other person claiming under the Applicant, in respect of the property described above, this Hon’ble Court may be pleased to notify the Caveator and afford him an opportunity of being heard before passing any orders; and
- Grant any other relief that this Hon’ble court may deem fit in the interest of justice and equity.
Place: Hassan
Date: ADVOCATE FOR CAVEATOR
VERIFICATION
I, Mr. ABC, S/o XYZ, Caveator in the above case, do hereby verify that the contents at para 1 to 5 of the petition are true and correct to the best of my knowledge, information, and belief.
PLACE: Hassan
Date: CAVEATOR
