How do you vacate a stay order?
You need to go to a lawyer with the entire facts of the case, including a copy of the stay and the petition under which it was granted. If reasonable grounds can be made out as to why the stay should be vacated, it can be done.
How long a stay order is valid?
Thus, the Hon’ble Court reiterated that where stay has been granted by any court including the High Court, such stay shall automatically expire within a period of 6 (six) months, and unless extension is granted for good reason within the aforesaid 6 (six) month period, the trial Court must go ahead with the trial.
What is the rule of stay order?
Stay order on the property- It is a temporary injunction on a property where the concerned property is being damaged or alienated or has been wrongfully sold in other cases where an opposite party is threatening to dispose of property or property is under dispute. It is granted by Court as per order 39 of CPC.
What is the purpose of stay order?
A ‘stay’ or ‘stay order’ is defined as the act of temporarily stopping or postponing any judicial proceeding through the court or legal authorities in India, in order to secure the rights of a citizen. It could lead to the suspension of a case, or even the suspension of any specific proceeding within an ongoing case.
Who can take stay order on property?
Stay order or temporary injunction may be granted by court as per Order 39 of CPC, where property under question is being damaged or alienated or has been wrongfully sold or in other cases where opposite party is threatening to dispose of property or property is under dispute.
How long is a stay order valid in India?
The Supreme Court has reiterated that whatever stay has been granted by any court including the High Court on civil or criminal proceedings will automatically expire within a period of six months, unless an extension is granted for good reason within the next six months.
How do I get a stay order removed from my property?
The stay order from the property can be removed by explaining your case to a property lawyer in India and having them file a petition for the cancellation of the order explaining all the grounds.
Can a stay order be vacated?
Stay by Supreme Court not vacated automatically M. It was clarified that if the interim order granted by the Hon’ble Supreme Court is not vacated and continues beyond a period of six months by reason of pendency of the appeal, it cannot be said that the interim order would automatically stand vacated.
Can we challenge stay order?
The stay order from the property can be removed by explaining your case to the best Property Lawyers in Indiaand having them file a petition for the cancellation of the order explaining all the grounds. For details and a step by step procedure, you must hire the best Property Lawyers in India.
Is a stay the same as an injunction?
Injunctions are non-monetary court orders that govern behaviour of parties. Stays are court orders that suspend earlier court orders, typically during appeals or judicial review.
How do I check the stay on a property?
How to know whether there is any stay order from court on…
- 208 votes.
- Stay may be granted on the first hearing of the case without issuing a notice to you.
- Yes there can be a subject matter search wth respect to the property in the concerned Court.
- Take copy of stay order and can verify from the court concerned.
Who can take stay on property?
What happens if a stay order is not granted?
In case a stay order is not granted the other party can have an upper hand with regard to the dispute especially when the dispute is regarding the construction of a property. Moreover, if the relief sought by way of a stay order is not granted, the damage that was being caused continues during the course of the litigation causing more harm to you.
What is a stay order in a court case?
Answers (1) 495 votes. A stay order refers to the act of temporarily stopping a judicial proceeding through the order of a court. It is a suspension of a case or a suspension of a particular proceeding within a case.
What happens if a stay order is issued ex parte?
If the stay order was given ex-parte , that is without hearing from your side then it is temporary order, for which you have to make appearance through a counsel and try to vacate. But if the order has been issued after hearing you, it stays till the disposal of the matter. Then, you should see that the matter is finally decided soon.
How can I get a stay vacated from the same court?
Talk to a real lawyer about your legal issue. You can get the stay vacated from the same Court depending on the merits of the case, however with out knowing the details of the case we cannot make any conclusive comments. Better engage an Advocate.