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Can High court be against the stay order passed by lower court
09-Apr-2023 (In Property Law)
Lower Court has given a stay on a properly, can we approach high court with a petition to vacate the stay even when the matter is in lower court?
You can file an application seeking the lower court where the stay was granted to vacate the stay granted by it for the reasons to be stated along with documentary proof. If your application is heard and the lower court does not grant you the relief of lifting the stay, then you can approach the High Court against that order, and not before that. Remedy is available to you before the same court, exhaust it first and then file an appeal.
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Adv. Kiran N Murthy
Bangalore | 100+ Answers
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how do you learnt that lower court has given a stay on a property, have you ascertained the description of the property, whether the suit is filed against you, if so, and that the property in question is yours, whether the lower court order is after hearing both side or what!
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Adv. Nagaraj S
Bangalore | 25+ Answers
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first disclose what type of stay is granted, for what relief you filed case, what is the interim order, during the pend ency of the suit in lower court you can approach the Hon'ble High Court for vacating the stay order, but you have to disclose that in view of the stay order you have put into hardship.
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Adv. Muralidhara P
Bangalore | 25+ Answers
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