Ravi Ayyothi
Asked January 25, 2017

Obtaining Stay order

  • 1 Answer
  • 1642 Views

How to get stay order for agriculture land?

Answer 1

It would be helpful if you let us know for what you seek a stay order.

 

Getting a stay order is the act of temporarily stopping a judicial proceeding through the order of a court. A stay order can be filed under Section 151 of the Civil Procedure Code. As per the provisions of this Section the Court may pass an order for the delivery of justice and to stop the abuse of power by any authority sub-ordinate to it. You can file a stay application under this Section before a Court of relevant jurisdiction, asking it to consider the urgency of the matter and pass the requested stay.

If the stay is granted, then you cannot do anything on the disputed property as stay orders mean total stoppage of any activity with regards to or on the property till the suit is disposed off. 

 

Grant of temporary injunction/stay is purely a discretionary power of the court .This discretion is to be exercised according to the established judicial principles and judicially. The following principles are laid down for consideration by the court while granting temporary injunction-

Prima Facie case- means that evidence brought on record would reasonably allow the conclusion that the plaintiff seeks. 

Balance of convenience- balancing the loss that may be suffered by the parties if the existing arrangements are disturbed. 

Irreparable injury- means such injury which cannot be adequately remedied by compensation alone.

 

Order 39 of the Code of Civil Procedure, 1908 provides cases in which temporary injunction may be granted. (if the property is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or if the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors, if the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit)

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