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How to stop a stay order


01-Jun-2023 (In Family Law)
just want to knw that is there any law from wich we can stop stay order ...wich mybrothers wants to put on our house...how can we stop stay order....
Answers (3)

Answer #1
524 votes
HI,

YOUR QUESTION IS NOT CLEAR , PLEASE SPECIFY WHETHER YOUR BROTHER HAVE FILLED THE PETITION/APPLICATION FOR STAY OR NOT, IF FILLED IN WHICH COURT,
PLEASE SPECIFY ON WHAT BASIS YOUR BROTHER IS PLANNING TO FILE THE PETITION/APPLICATION FOR STAY .
YOU CAN CHALLANGE THE APPLICATION ON STAY BY ARGUING ON THE APPLICATION IN THE CONCERNED COURT.

THANKS

Answer #2
515 votes
Dear
First of all you have to clear mention that which court given the stay order to your brother. While filling in the upper court i.e. Additional District and Sessions court / High Court / Supreme Court (in case applied) you can stay the stayed process.


Thanks.
Answer #3
861 votes
you can first mention under which law stay is granted.

If it is of CPC then we can file appeal before appellate court under O 43 R 1.

You can approach HC directly to stop execution of the stay order.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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