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How can we vacate the stay on construction
03-Mar-2023 (In Property Law)
We have two Undivided plots.30 years ago we divided on mutual understanding.plot no. - 208 and 212.Three families in 208 and 3 in 212 but from 212 has been sale out part in 208 and one from 208 sale out there some part. In lower court we loss the case in 2015. Now we are in ADJ court and other not present till date. They went again in lower court and stay on construction.How can vacate the stay on construction and how can deal in ADJ court.
As per you brief submission,too brief indeed,but how ever it appears from your submission you have some finding from the court of Civil Judge which fails to recognize you submission that part of both property was sold or their is some family settlement which was acted upon.As per civil judge it appears either it failed to recognize the family settlement or fail to recognize the sale as their was no partition.
It appears you wants the sale and family partition recognised.But the other fraction doesn't want and you want the saty vacted which mens you have to prove by documents and circumstances that stay order should not have be passed as balance of convenience,prima facie case,lies with you and would suffer irreparable loss because stay was wrongly given.Hope I answered you question.
It appears you wants the sale and family partition recognised.But the other fraction doesn't want and you want the saty vacted which mens you have to prove by documents and circumstances that stay order should not have be passed as balance of convenience,prima facie case,lies with you and would suffer irreparable loss because stay was wrongly given.Hope I answered you question.
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Adv. Amit Gaurav
Delhi | 200+ Answers
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Your case is inter-related with a few more cases, the same requires a little bit of studying and knowledge about the other cases also. However, you may file an appeal against the order of the Court granting stay or can contest the said stay before the same court in reply to application U/o 39 R.1 and 2. The said case could be stayed depending on your issue pending before ADJ court, or other cases already disposed, depending on your cases.
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Adv. Manish
Delhi | 100+ Answers
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