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Need information relating to land owned by temple
12-Jun-2023 (In Civil Law)
Hi Sir, Myself .We got a notice from Aranilaithurai(Hindu Religious and Charitable Endowments) Stating that we need to vacate from the land where we are staying more than 40yrs. The notice mentioning that land belongs to Arulmigu Sri Varadharaja Perumal charitable, with in some time(1 week) duration we need to vacate from the land. My father had a discussion with Villupuram District Aranilaithurai (Hindu Religious and Charitable Endowments) they said to keep some lawyer and give some petition to stay. Also, my father and grandmother says, our land is not belonging to temple land but we don't have any patta or exact survey number and map to prove this. We have electricity bill's and water bills, Ration card, Adhar card voter id as a govt proof's Looking for advice which will help in this critical situation. Thanks,
please file a petition and get stay orders on vacating the land/ premises. procedure for getting stay order is below
What do you mean by Stay Order in Indian Law?
The act of temporarily stopping a judicial proceeding through the order of a court.
A stay is a suspension of a case or a suspension of a particular proceeding within a case. A judge may grant a stay on the motion of a party to the case or issue a stay sua sponte, without the request of a party. Courts will grant a stay in a case when it is necessary to secure the rights of a party.
How can you get Stay order on a Property?
Stay Order means that the order which has been stayed would not be operative from the date of the passing of the stay order and it does not mean that the said order has been wiped out of existence. Stay of execution means to suspend the enforcement of a judgment or order until something else happens e.g. an appeal can be heard. Proceedings can also be stayed absolutely or conditionally. Every court has inherent powers to temporarily suspend the proceedings in any action where the Plaintiff is in default or has disobeyed any lawful order of the court.
Status Quo means the state of things at the time of issuance order remain the same till the order stands vacated or decided by a judgment.
Both these important aspects civil law are governed by following provisions:
Order XXXIX of CPC:
1. Cases in which temporary injunction may be granted
1Where in any suit it is proved by affidavit or otherwise-
(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or
(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to 2[defrauding] his creditors,
3[(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,]
The Court may order and grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property3[or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit] as the Court thinks fit, until the disposal of the suit or until further orders.
Stay order on construction:
The Court may order and grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property3[or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit] as the Court thinks fit, until the disposal of the suit or until further orders.
What do you mean by Stay Order in Indian Law?
The act of temporarily stopping a judicial proceeding through the order of a court.
A stay is a suspension of a case or a suspension of a particular proceeding within a case. A judge may grant a stay on the motion of a party to the case or issue a stay sua sponte, without the request of a party. Courts will grant a stay in a case when it is necessary to secure the rights of a party.
How can you get Stay order on a Property?
Stay Order means that the order which has been stayed would not be operative from the date of the passing of the stay order and it does not mean that the said order has been wiped out of existence. Stay of execution means to suspend the enforcement of a judgment or order until something else happens e.g. an appeal can be heard. Proceedings can also be stayed absolutely or conditionally. Every court has inherent powers to temporarily suspend the proceedings in any action where the Plaintiff is in default or has disobeyed any lawful order of the court.
Status Quo means the state of things at the time of issuance order remain the same till the order stands vacated or decided by a judgment.
Both these important aspects civil law are governed by following provisions:
Order XXXIX of CPC:
1. Cases in which temporary injunction may be granted
1Where in any suit it is proved by affidavit or otherwise-
(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or
(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to 2[defrauding] his creditors,
3[(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,]
The Court may order and grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property3[or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit] as the Court thinks fit, until the disposal of the suit or until further orders.
Stay order on construction:
The Court may order and grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property3[or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit] as the Court thinks fit, until the disposal of the suit or until further orders.
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Adv. Siddhant Sharma
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What is the remedy for permanent injunction?
A permanent injunction, which is part of a final judgment issued in a case, is an order from a court that requires a person do or stop doing a certain action. Only in cases where money damages are not sufficient, will a court issue a permanent order.
How long does an injunction order last?
Injunctions permanent or perpetual may be issued by the court at the conclusion of a case as part of its final judgment. They usually prohibit (or require) the act or acts specified permanently or as long as relevant circumstances exist.
When can a temporary injunction be vacated?
The court may also vacate an injunction if the application for temporary injunction or any affidavit that supports such application contains a false statement or a misleading statement about a certain matter, and if the injunction has been granted without notice to the other party.
What is the remedy against injunction order?
A party who violates an Injunction and disobeys it may have his property attached. He can also be held in the Civil Prison for up to three months. The attachment made under this rule shall not be in effect for more than one year.
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