Appeal accepted in HC and how to get stay on order of session court

942 votes

You have not given the reasonable details so that we can look into the matter to provide you proper legal opinion... For this purpose kindly give reasonable details of the case which is pending in the session court...

Advocate Siddharth Dev LawRato

536 votes

You should have asked for the stay on the operation of the order directing you to unlock the door. However, you can now file an interim application in the appeal and ask for a stay. You should make sure you show your difficulty in providing such access, prima facie case, balance of convenience and irreparable loss or injury if such stay is not granted.

Advocate Mrinmoi Chatterjee LawRato

705 votes

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 property.
3[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.

Advocate Siddhant Sharma LawRato

843 votes

I need to know full facts and also copy of appeal filed by you to understand and suggest the grounds for moving and application for seeking stay in the matter. For want of relevant information facts and documents it would not be proper to advise you.

Advocate S P Srivastava LawRato

554 votes

It is really simple. You may file an application under section 482 of CrPC for stay on the impugned orders of the Sessions Courts before the Hon'ble High Court. It is expected that the same might have been already filed alongwith the appeal.

Advocate Manish LawRato