Stay order by two brothers one brothers withdraws the case


sir.. my father has two brothers.... after the death of our garandfather.. my father decided to make a shed for our vehicle.. but both the brothers imposed a stay order on it... but v havenoot started any sort of work yet... no material no men are working to built the shed then also they imposed this stay order... now i want to know that if one of the brothers withdraws the case then what will happen........ whole case gets withdraw or not????

Answers (1)


263 votes

You have not mentioned that whether the court has granted stay in this?
It is not stay but an injunction against your father restraining him from putting up any construction in the common vacant land.
Whether it was an exparte injunction?
If yes, then your father can challenge the same and get it vacated by filing counter to it.
Though the suit has been filed by two plaintiffs, if one would like to withdraw, then the other will continue the suit for the reliefs claimed.
It will not get dismissed.

Learn how you can get a stay order on property with this Indian Law Guide on stay orders


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