How can i get stay order from court to stop demolishing of shop
09-Dec-2023 (In Civil Law)
My father constructed a shop in open part of our house . municipal corporation given notice to me. After three notice they demolished some part of it. Which way I can get stay order. This property is in name of my father.
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.
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.
First advice to you is file the papers to transfer the property in your name.
second go to the municipal corporation and find out what was the reason for demolishing your shop, it probably be the unauthorised construction. the reason must be given in the notices.
they had given you ample chance to protect you it was your mistake. now they had demolished the part of the shop, now probably they will not come for demolish until and unless you again raised construction without taking proper step. the proper step is first go to municipal corporation and find out the law for constructing a shop in open area of your house and apply for the permission as per rules and regulations. you can also file a injunction suit to protect your shop from further demolition, one point to be remember in these activity local laws of that particular state are involved so go to concerned court of your area and consult with a good lawyer.
second go to the municipal corporation and find out what was the reason for demolishing your shop, it probably be the unauthorised construction. the reason must be given in the notices.
they had given you ample chance to protect you it was your mistake. now they had demolished the part of the shop, now probably they will not come for demolish until and unless you again raised construction without taking proper step. the proper step is first go to municipal corporation and find out the law for constructing a shop in open area of your house and apply for the permission as per rules and regulations. you can also file a injunction suit to protect your shop from further demolition, one point to be remember in these activity local laws of that particular state are involved so go to concerned court of your area and consult with a good lawyer.
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