what is a stay order ? understanding court injunctions

What is a stay ?? a ‘Stay’ in legal parlance ordinarily means an order of the court whereby the court mandates that the property or any other subject matter of the litigation/case stays the way it is – and not to be sold/let/alienated further. This is done to protect the case from being rendered futile by either party by doing away or changing materially the subject matter of the case rights over which are to be decided by the court.

I’d write more elaborately on this in my coming posts

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Comments (

13

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  1. satyaki pradhan

    sir
    we r constructing a building for business perpose during that period one of aur relative throw stay order from court.
    my question is that
    during stay order aur pond custedy on our hand
    now othr relative forced us to take over pond custedy sir
    on this condition can we leave pond custedy??
    pls sir help me
    i will be wait for you
    so many lawyears just take charega from us but cant solve or show results
    we r frm middle class family
    thanks & regards
    satyaki pradhan

    Like

  2. Nikita gupta

    Im a student studying dentistry from esic dental college esic has issued a memorandum to shut the college can we put a stay order on that

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    1. R P Chugh

      This has to be examined in detail. On what grounds has it been shut. In any event, it appears to be an infraction of the rights of the students

      Like

  3. jyoti

    Sir I wanna stayvorder on my husband property plz sugest Me s procedure

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  4. jyoti

    Sir I wanna stayvorder on my husband property plz .sugest Me procedure of this

    Like

    1. R P Chugh

      The details are incomplete ! Do you want to seek an injunction seeking to restrain your husband from selling his property ? If, yes, you would have to tell, first of all, who owns this property ? and whether you resided in this property with your husband at any given point of time.

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  5. RAMA PARAB

    Sir, We have Common property of 5 persons & two of them are selling half of the common property from the total property without informing to other 3 persons whose name is included in Form I & IVX. what to do then. Please reply.

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    1. R P Chugh

      Depends on a lot of factors. More facts are needed to be known. In some states, such a transfer may be permissible, However, even in such a case, you can buy out the stranger (purchase of shares) who cannot claim joint possession with the family. Best of Luck – R.P.Chugh (rpchughadvocatesupremecourt@hotmail.com)

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  6. Sulthan

    a person owns small land in between front of my house and panchayath road he started to construct a very small irregular shaped building can we able put stay on that building because blocks complete views of our house and thing is that want build for that purpose only he is rich guy he has no use of this building

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    1. R P Chugh

      Yes. A stay can be sought as the land in question appears to be public use land and not absolute property of that person. Best of Luck – R.P.Chugh (rpchughadvocatesupremecourt@hotmail.com)

      Like

      1. Abdul Rafay

        Sir the documents of my property were stolen and forgedly registered by my siblings into their names. My siblings are now using the property as well as receiving its rent.
        1. Is it a civil or criminal court matter?
        2. What benefits can I get from receiving Stay Order from the court?
        3. After getting the Stay Order will the court evacuate the property until the verdict?

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      2. Bharat Chugh

        1. Both. 2. there’d be no third party rights atleast. 3. stay is different from eviction.

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  7. Allah Bux

    Sir i purchased a land 24 acres in sindh pakistan owner agreements with me and he is with me but thirds party who cultivating that land as tender from 4 year he period of time has been completed in this month but he file a bogus stamp paper in which he claimed owner already agreement me same land but owner refused he file statement in favor of me further what can do we process for status quo ist possible Sir

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