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What is the procedure to take stay order from court


11-Apr-2023 (In Civil Law)
i have 2000 sq plot on my name i have constructed my place with cement sheet shade now i got a notice to remove it from municipal what will be the cost to take stay order and how to get stay order from court?
Answers (5)

Answer #1
157 votes

To obtain a stay order from a court against an order of the Municipal Corporation in India, the following steps may be taken:

  1. Draft a petition: A petition needs to be drafted explaining the facts of the case and the grounds on which the stay order is sought. The petition should be signed by the petitioner or their advocate.

  2. Filing the petition: The petition should be filed in the appropriate court having jurisdiction over the matter. The court fee as applicable should be paid at the time of filing. The amount of court fees will depend on the value of the dispute.

  3. Serving notice: The court will issue a notice to the respondent (in this case, the Municipal Corporation) asking them to respond to the petition.

  4. Hearing: The court will conduct a hearing where both parties will be given an opportunity to present their case. The court may also ask for additional documents or evidence to be produced.

  5. Decision: After considering all the facts and evidence, the court will make a decision. If the court is convinced that a stay order is necessary, it will issue the order. The stay order will direct the Municipal Corporation to refrain from taking any action until the matter is finally decided.


The cost of obtaining a stay order from a court against an order of the Municipal Corporation in India will depend on various factors, such as the nature and complexity of the case, the court in which the petition is filed, and the fees charged by the lawyer or law firm engaged for the purpose.

Typically, the costs involved may include court fees, lawyer's fees, expenses for documentation, and other miscellaneous expenses. The court fees will vary depending on the nature of the case and the amount of relief sought.


People also ask

What is the process of stay order?

You can ask for a stay of execution on your property by contacting the court through an attorney. With the application, attach all necessary documents, such as your property papers, proof of identification, and a FIR. You should also state the purpose of your stay. Do not forget to mention the purpose of your stay.

How much does a stay order cost in India?

Costs for filing a suit and a stay petition can range from Rs. The cost of filing the suit and staying petition can range from Rs. Depending on the fee charged by the lawyer, the amount can range from 40K to Rs. It is worth it, however, if the stay decree is granted and the appellant benefits.

How many days will it take to get stay from court?

The stay order may be issued immediately if the court finds prima facie that the case is valid. It can sometimes take between 7 and 21 days. All depends on how strong you make your case. A stay order can never be granted longer than six months.

When can stay be granted?

This provision only allows a stay when the court finds that it is necessary to protect the property against the defendants activities in order to obtain justice. 06-Mar-2023

  
Answer #2
902 votes
File a civil suit against municipal corporation in civil court and satisfied to court that you have bona fide requirement of this plot and not make any mistakes while purchasing the said plot and give all related documents to your advocate
Answer #3
536 votes
Have you given notice under section 342? If yes then this notice can be challenged.
On any other valid grounds, which you have not narrated in this two line query, restricts to analysed and provide solution under which you can approach City Civil Court for relief.

Answer #4
818 votes
Fees and cost can not be discussed at this stage unless and until all the documents and facts are seen . Also the cost depends upon place and lawyer, facts documents many other factor. As your facts are not clear not able to advise you properly
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Answer #5
206 votes
How do I get a stay order from a court? Ans. You will need to provide the FIR and a copy the charge sheet. Also, you must present all documents related to the case, including the ID proof, documents pertaining to the property, as well as the appropriate documents. You should consult a property attorney to learn more about the process of getting a stay order.
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