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Procedure to remove stay order
02-Mar-2023 (In Property Law)
Hi, there has been a stay order on our construction from the high court. Can anyone suggest me, how to remove stay order on property?
You have not given full details. 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.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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What is procedure to remove stay order?
The defendant can challenge the stay order in the first instance before the same court that granted the stay order. This is done by filing an interim application to vacate such stay orders. If the same court refused to vacate the stay order, an appeal can be brought before the appellate courts. This includes high courts and supreme Courts.
How do I cancel my stay on property?
You should send the other party in dispute a legal notification before filing the case. Youll have to choose the right court depending on the location and value of the land that is in dispute. To understand the best procedure for your case, it is recommended that you hire an attorney.
How can I cancel my stay order in India?
A stay order can be revoked by filing a cancellation petition along with proof of the reasons for the cancellation.
Can stay order be vacated?
If the High Court does not agree to lift the stay, then an appeal can be filed to the Supreme Court to have the stay lifted. In the meantime, you must obey the order in full.
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.
Regards
Taji George
Regards
Taji George
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Article (3)226 can vacat the stay order and without hearing from your side then it is temporary order,You should consult the advocate and...need to vacat that better... Contact advocate as soon as possible...thank you
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Adv. Vedashree A
Bangalore | 500+ Answers
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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.
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Adv. Aditya Kamath
Bangalore | 25+ Answers
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Hire an attorney and file a petition with the court. The petition must be in detail, stating the reasons for contesting the stay order as well as the evidence supporting it. Attend court hearings. Be prepared to present your case at the court hearings.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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