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How to vacate stay order imposed by court on frivolous complaint?
08-Oct-2023 (In Civil Law)
Dear Sir/Ma'am We have executed renovation of our existing building but permission not taken from MCD as it is not necessary for renovation works and area of building is less than 105 SQM, but our neighbors intentionally file a petition to court with fake things and taken stay order on the property and conducted local commissioner visit. Now all works is hold till the further notice, please suggest how to remove the stay order.
If it is an interim order passed by the court you can file your counter and argue the matter on maintainability,otherwise you will have to move to the Hon'ble High court and file CMA ( Civil revision petition against the order) for vacation of stay granted by the lower court.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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What does a stay order mean in court?
Stay order means: It is a simple order that prevents the person against whom it is issued from taking any further action in relation to a subject until an event occurs or the outcome of a lawsuit is determined.
What is the time limit of stay order?
A stay order cannot be granted beyond 6 months.
Is injunction and stay order same?
An order of stay is an order that is issued by a subordinate court and is binding on it. In contrast, an injunction is directed at and restrains the party in the case from performing or omitting certain acts.
How long is a stay order valid on property?
The validity of a stay order issued by the high court can last from seven to twenty-one days, depending on the speed with which the evidence is persuasive and the strength of your case. A stay order, however, cant be granted beyond six months. 10 Jul 2023
Injunction petition filed against you is on what grounds need to look into the same.What grounds have been taken by them before filing the same .Is it that you have breached any of the conditions of MCD that is ,is there any structural changes or just small renovation works regarding fixtures and furnishing etc.Therefore all these factors are to be looked into ,please contact for further clarifications thanks.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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It is a kind of a restraining order from the court which can again be lifted by the court concerned. you will have to show the copy of the petition and see if the stay has been obtained on a valid ground. In any case the same can be lifted.
thanks contact for further query
thanks contact for further query
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Adv. Shobhit Bhatia
Delhi | 100+ Answers
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