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Amanpreet Singh
Asked December 23, 2016

Stay order

  • 2 Answers
  • 734 Views

Can any other person take stay order of my land?

Answers 2

Yes. Stay orders means injunction, and it can be taken up by any person, if it is a disputed property. It is not necessary that someone is claiming a right over the property, but supposedly you are construction something on your property and that it-causing nuisance to someone else, then too someone can get a stay order on your property, with sufficient cause and evidence.

 

Agree Comment 0 Agrees over 4 years ago

Yes, Grant of temporary injunction 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 damages.

Order 39 of the Code of Civil Procedure, 1908 provides 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,the court may by Order grant a temporary injunction to restrain such act, or make such other Order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit] as the court thinks fit, until the disposal of the suit or until further orders.

Agree Comment 0 Agrees over 4 years ago

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