• Meaning of disposed off

actually we had done a case for our appointments:

court directed the Dept. to give us appointments with in four weeks.
Last line of our judgement is:
""In view of this, the present petition is disposed of, so
also the pending application(s), if any. No costs.""

so plsss tell me : anybody can  take stay or delay our process doing another case
Asked 2 years ago in Civil Law from Hamirpur, Himachal Pradesh
Dear Meaning of Disposed Off

When you file a case, it is either decreed or dismissed. In your case it was decreed that the Department shall provide you the appointment within 4 weeks. In view of the decree, the case that you had filed stands disposed off i.e., the case has reached its conclusion with the passing of the judgment by the Hon'ble Court and that no costs are to be awarded to you which means the parties in the suit/case are to bear their own costs.

Yes, every case can be appealed. If your department appeals, then the appellate authority might stay the decree passed by the lower court. It is my advice that you immediately file a caveat in the higher court with immediate effect which is valid for a period of 90 days but you must do so within 30 days of passing of the decree in your favor. Once a caveat is filed, the higher court cannot grant a stay without hearing you out first as per principles of natural justice.

I hope the above helps

Thank You

Sidharth Das
Advocate
Sidharth Das
Advocate, Kolkata
21 Answers
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disposed of would imply that petition  hearing has been completed after passing of reasoned order by the court . case has reached its logical conclusion .all legal proceedings have ended 

 appeal can be filed against the order passed by court .
Ajay Sethi
Advocate, Mumbai
23177 Answers
1218 Consultations
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Generally Caveat is filled in Appellate Court after the decision in Lower Court. The Caveat is valid for  90 days only. The general Practice in Caveat where an appeal is likely to be filed can be seen as follow
1. Send the Original Copy of the Caveat Application to all necessary parties who can file the Appeal the judgement of Lower Court.
2. The copies must be sent through the registered post.
3. The Caveat application is to be filed in appropriate Court along with the Judgement of Lower Court.
4. The Prayer of the Application must read out that – The Caveator must be heard before deciding any application or Appeal against the attached Judgement of Lower Court in which Caveator is the party.
5. Along with the Caveat Application , a simple application explaining to the Court thatThe Caveator already have sent the copies to all the parties, Therefore The Court need not to send them notices. (attach the receipt of Post Office)
Ajay Sethi
Advocate, Mumbai
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thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
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1218 Consultations
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if judgement has been passed by Division bench of high court then appeal lies to SC . if an appeal is filed notice will be issued to you before SC passes any order against you
Ajay Sethi
Advocate, Mumbai
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The opposite party may go to appellate court challenging the said order.
Krishna Kishore Ganguly
Advocate, Kolkata
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thanks for your appreciation . query is resolved
Ajay Sethi
Advocate, Mumbai
23177 Answers
1218 Consultations
5.0 on 5.0

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