How to get stay order from court?

258 votes

A stay order refers to the act of temporarily stopping a judicial proceeding through the order of a court. It is a suspension of a case or a suspension of a particular proceeding within a case. A judge may grant a stay on the motion made by a party to the case or issue a stay without formal prompting with another party and without a request being made by the other party in this regard. Courts usually grant a stay in a case when it is necessary to secure the rights of a party.

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 stay absolutely or conditionally
 

How can you get a Stay Order on a Property?

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.

These aspects of civil law are governed by the following provisions of CPC:

Order XXXIX of CPC: 

Cases in which temporary injunction may be granted

 Where 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 defrauding his creditors,

(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,

In order to file an order of Injunction, you need to consider the amount of Suit Relief and the Court in which the suit has to be filed. An application for such an order needs to be attached keeping in view the type of injunction order which is being prayed for, when the suit proceeds, with the appropriate amount of court fee.

Also, note that the Hon'ble Supreme Court has observed that the Court has powers U/s.151 of Civil Procedure Code to issue an injunction in cases not falling within Order XXXIX; however that discretion should be exercised judiciously.
 

How can a lawyer help you?

Looking at the complexity of the Indian legal system, by hiring a good property lawyer one can avoid all the legal processes involved and save time for other priorities. An experienced property lawyer can make sure that the application made is ironclad and the chances of refusal stay minimal. He can also take care of all the documents required for the application procedure and owing to his/her years of experience in dealing with such issues can ensure no mistakes are made.

A property lawyer can give you expert advice on how to handle your property issue owing to his years of experience in handling such cases. Being an expert on the laws he can help you avoid significant mistakes that may cause financial harm or will require future legal proceedings to correct. Thus, by hiring an attorney a person can make sure that he can avoid delay and get your order as quickly as possible.
 

What would happen if you do not get a stay order?

A stay order is very important if you are seeking immediate relief in a property matter. In case a stay order is not granted the other party can have an upper hand with regard to the dispute especially when the dispute is regarding the construction of a property. Moreover, if the relief sought by way of a stay order is not granted, the damage that was being caused continues during the course of the litigation causing more harm to you. This is why it is important to have an experienced property lawyer by your side while seeking a stay order in a property dispute.

LawRato LawRato

391 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 and the appropriate documents. You should consult a property attorney to learn more about the process of getting a stay order.

Advocate Chikirsha Mohanty LawRato