Interim stay order before adjudication of condonation delay petition


My case is Criminal revision case in high court against family court maintenance order. There is some delay of 42 days so I filed condonation delay petition and also an interim stay application of the impugned order during pendency of this revision. Condonation delay application is not yet decided as the opposite advocate filed vakalat but skipped the hearing. So if on next hearing too, the opponent counsel remain absent, can I pray for interim-stay of the impugned order even before the adjudication of my condonation delay petition??

Answers (2)


267 votes

as per the section 397 and other provision with regard to condonation of delay in criminal procedure code it prohibit court giving stay in proceedings until the delay petition is decided so please take motion slip for another hearing over the delay condonation


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252 votes

Hello sir,
If there is delay in approaching the court, first the court has to condone the delay, then only the main case will be numbered, in ur case opposite party have to file their counter first, after hearing the court comes to know whether the delay is genuine, considers, otherwise not.

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