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RAVI NATH TILHARI
Nagireddy Tulasi Katyayini – Appellant
Versus
Bathina Sujatha – Respondent
JUDGMENT :
1. The copy of the C.R.P., was not served to the learned Counsel for the respondent/caveator. Such objection was raised, upon which vide order dated 20.12.2024 Registry was directed to submit the report, that once there was caveat, how could the CRP be numbered without serving the copies of the petition to the caveator.
2. The Registry submitted a report as follow :
Hence, the Registry has processed the CRP and numbered and posted without having the knowledge about the caveat petition. After numbering the CRP No.3145 of 2024 was sent to CRP Section, and the CRP Section has put up the caveat in the bundle".
3. Not being satisfied with the office report by order dated 27.12.2024, the Registrar (Judicial) was directed to submit the report "clearly pointing out the procedure for filing the Caveat; as also its intimation to CRP Section and to Registry. It shall be indicated if the caveat is not repor
The court emphasized that non-compliance with caveat procedures under Section 148-A C.P.C. violates natural justice, necessitating recall of any adverse interim orders.
The court upheld the validity of an interim order despite procedural claims regarding caveat linkage, emphasizing that the revision was filed prior to the caveat.
The importance of serving copies on the caveator's counsel before passing interim orders and the purpose of introducing the new provision for a caveat to prevent ex parte orders without notice.
A caveator must demonstrate a valid caveatable interest and timely pursue legal action; failure to do so results in the caveat being removed.
The court emphasized that orders affecting rights must follow due process, ensuring fair opportunity for all parties before any decision is made.
A Registrar's Caveat is validly lodged under statutory powers, and the doctrine of res judicata does not apply if the party was not involved in the prior judgment.
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