Caveat Before RERA Appellate Tribunal Haryana

Last Updated on May 13, 2026 by Satish Mishra

Post covers Caveat Before RERA Appellate Tribunal Haryana against the orders of HRERA Panchkula and HRERA Gurugram whenever in Appeal.

A caveat before a RERA Appellate Tribunal (e.g., Haryana) is a protective measure ensuring no ex-parte orders (like stays or condonation of delay) are passed in an appeal without hearing the caveator. It is a preemptive notice filed under Section 148A of the Code of Civil Procedure. While sometimes used against developers, a caveat is not generally maintainable before the primary RERA Authority, which handles complaints rather than interim procedural orders.

Caveat is basically a remedy in law available to both the parties in lis that whenever appeal is preferred by either of them, it is the bounden duty of court to inform the other party before listing the matter for first hearing.

Caveat before RERA Appeal Haryana

Caveat in most simple words is compulsory notice before appeal is entertained by the concerned court where caveat is filed. That means, whenever, any party goes in appeal, the caveator must be informed and no decision should be taken in his absence, be it interim stay, condonation of delay, pre deposit as per Section 43(5) etc.

Also Read- Haryana Real Estate Appellate Tribunal Regulations 2021

RERA Appeal in Haryana RERA Appellate Tribunal

Appeals against the order of HRERA Gurugram and HRERA Panchkula lies before Haryana Real Estate Appellate Tribunal (HREAT) at Chandigarh. The appeal has to be filed within 60 days strictly as per RERA Act otherwise delay has to be condoned by the Haryana RERA Appellate Tribunal. If not justified, then no appeal would be maintainable.

Caveat before Appeal Haryana RERA Appellate Tribunal

So for filing the caveat, you don’t have to wait. As soon as you get your order, being a homebuyer, you must file the caveat. With my experience, 99% of builders will challenge the RERA orders of RERA Gurugram or RERA Panchkula, unless compromise is arrived between the parties. So tread with caution here.

Builders usually fight till the end, so that you lose interest in the litigation and are forced to compromise on their terms, even after the filing the complaint before RERA.

Key Aspects of a Caveat in RERA Matters:

  • Purpose: Ensures the RERA Appellate Tribunal does not pass orders (e.g., in appeals filed by promoters/builders) without notifying the opposing party, commonly the buyer.
  • When to File: Filed when a party anticipates that an appeal will be filed against a RERA authority order, often used in Haryana to counterbuilder appeals.
  • Validity: Generally valid for 90 days from filing.
  • Procedure: A formal application is submitted stating the expected case, and a notice is sent to the potential appellant

Also Read- Filing of Caveat in Punjab and Haryana High Court

Important Distinctions:
  • Maintainability: It is primarily a tool for appellate proceedings rather than the initial RERA complaint stage.
  • Types of Orders: It protects against interim relief or ex-parte orders

Caveat Also has Expiry

Just like any other thing in universe, caveat also has expiry, which means, your caveat is active till 60 days only i.e. the appeal time. After that, the notice would come to you in regular course. Your caveat can’t be valid for lifetime, isn’t it? Makes sense!

Why Caveat before RERA Appeal?

The answer is simple; you don’t want to add more years to your waiting schedule. Already you waited that long to file a case and now that you have won below, you don’t want builder- respondent usually to snatch away your win that easily by obtaining a stay in your absence from the Haryana RERA Appellate Court.

In short, time is money. So save it by filing a Caveat before RERA Appeal.

Also Read- Link to Haryana Real Estate Regulatory Authority

So what next in RERA Case in Haryana?

Find best/top/expert RERA Lawyers of Chandigarh Panchkula Mohali Derabassi Zirakpur Kharar online who can file caveat against orders of RERA Gurugram and Panchkula RERA. The same would be applicable to the Punjab RERA Appeals Chandigarh.

What If you want to file RERA Appeal?

Perfect. Then, you need to be the first one to file this appeal and no notice is required to be given to the builder-respondent. It’s that easy. Consult with your existing lawyer or rera expert, just like me who can better explain you the grounds of appeal before the RERA Appellate Tribunal, both Punjab and Haryana Authorities at Chandigarh.

Over to you people. If you like this post spread the word. Connect to me on 99888-17966 for more.

Responses from AI.

In the Indian legal system, a caveat is a precautionary notice filed by an individual (the caveator) in a court to ensure they are notified before any judgment or order is passed in a matter where they have an interest. It is primarily a safeguard against ex-parte orders (decisions made without hearing one of the parties). 
Key Legal Provisions
  • Civil Proceedings: Governed by Section 148A of the Code of Civil Procedure (CPC), 1908.
  • Probate Matters: Governed by Section 284 of the Indian Succession Act, 1925, to contest the grant of probate or letters of administration.
  • Supreme Court: Regulated by Order XV Rule 2 and Order XXI of the Supreme Court Rules, 2013. 
Validity and Scope
  • Duration: A caveat remains in force for 90 days from the date of filing. If the anticipated case is not filed within this period, the caveat lapses and must be renewed by filing a fresh petition.
  • Applicability: It is primarily used in civil matters, such as property disputes, commercial litigation, and matrimonial cases.
  • Criminal Cases: Generally, caveats cannot be filed in criminal proceedings at the original stage, though the Supreme Court and some High Courts (like Allahabad) allow them for Special Leave Petitions (SLPs) or criminal writ petitions. 
Duties of Involved Parties
  • Caveator’s Duty: After filing, the caveator must serve a notice of the caveat to the expected applicant by registered post with acknowledgment due.
  • Court’s Duty: If an application is filed against the caveator, the court is legally bound to notify them before passing any interim orders.
  • Applicant’s Duty: Upon receiving notice of a caveat, the applicant must provide the caveator with a copy of the application and all supporting documents at the caveator’s expense. 
Filing Requirements-To file a caveat, the following are typically required:
  • A written petition containing the caveator’s details and the anticipated opponent’s details.
  • An affidavit supporting the facts mentioned in the petition.
  • Vakalatnama (if filed through an advocate).
  • Payment of a nominal court fee, which varies by court (e.g., ₹500 in the Supreme Court).
  • Proof of service of notice to the opposing party. 
Note: The legality of a caveat can vary based on specific state RERA rules, though it generally stems from the Code of Civil Procedure, 1908. You can search for existing caveats on the e-Courts Services portal or the Supreme Court website. 
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