Removal of building structure. How to take stay?

806 votes

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.

Advocate Siddhant Sharma LawRato

647 votes

You should always keep your advocate updated with the information regarding your case only then you may get relief from Honorable Court of Justice until and unless you will not provide them updated information that will be very much difficult for you to get relief.....

Advocate Siddharth Dev LawRato

620 votes

your lawyer will be able to advise you better in this situation.. if the construction is illegal, then it is highly unlikely that the court will perpetuate an illegality by extending the stay in your favour.

Advocate Angad Mehta LawRato

973 votes

Is this order of removal of building structure qua to your property or for complete property in area who filed a case before court MCD or private complainant if this order is only for your prop you may go to higher form of court or file writ

Advocate Bir Singh LawRato

514 votes

The point has to be briefed and elaborated through your lawyer.The injunction is ruled through four major principles,If all lie in your favor then definitely the injunction interim relief would be granted immediately.Therefore need to also represent the pictures of the same along with site map.

Advocate Nishant Solanki LawRato