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Is the stay order also dismissed in case appeal has been dismissed?
16-Oct-2023 (In Property Law)
My father has a property(agricultural land) case in Highcourt Jaipur.The decision of the case came in favour of my father in single bench Jaipur. The opposition party appeals in DB Jaipur. The opposition party also took a stay order on this property. In DB Jaipur the appeal of opposition party was dismissed in favour of my father. Is the stay order also dismissed or not, after dismissing the appeal
An interim order (stay) is passed on the basis of prima facie findings, which are tentative. Such order is passed as a temporary arrangement to preserve the status quo till the matter is decided finally, to ensure that the matter does not become either infructuous or a fait accompli before the final hearing. Once a final order is passed, in your case in an appeal then stay order will automatically get disposed of in accordance with that final order.
Thus, in your case, once the appeal is dismissed, the stay order or any other interim order are also dismissed.
Thus, in your case, once the appeal is dismissed, the stay order or any other interim order are also dismissed.
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Adv. Darsh Pareek
Jaipur | 25+ Answers
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