What is the process of taking stay order?

A stay is a suspension of a case or a suspension of a particular proceeding within a case. A judge may grant a stay on the motion of a party to the case or issue a stay sua sponte, without the request of a party. Courts will grant a stay in a case when it is necessary to secure the rights of a party.

What is a stay order in court?

Stay order under the Indian legal system is the act of temporarily stopping or suspending a judicial proceeding by order of a court. Every court has been given the inherent power to temporarily suspend the proceedings in any case where the plaintiff is in default or has disobeyed any lawful order of the court.

How long does stay order last?

Stay orders passed by high courts and subordinate courts expire in six months, unless extended for good reasons, the Supreme Court has ruled. Stay orders passed by high courts and subordinate courts expire in six months, unless extended for good reasons, the Supreme Court has ruled.

How do I stop a stay order?

you can first mention under which law stay is granted. If it is of CPC then we can file appeal before appellate court under O 43 R 1. You can approach HC directly to stop execution of the stay order.

How can I get my property to stay on?

You can file civil suit for temporary injunction to stop construction on property praying temporary injunction. Court if satisfied with the facts of the case can grant injunction to stay any activities and stopping party from alienating, selling, disposition etc of property until further orders or directions.

What is a stay order in a court case?

Answers (1) 495 votes. A stay order refers to the act of temporarily stopping a judicial proceeding through the order of a court. It is a suspension of a case or a suspension of a particular proceeding within a case.

How long does it take to get a stay order?

To get better advise, you should disclose the place where the property is situated. 1. Subject to local practices, you may get stay order within a week. 2.

What happens if a stay order is issued without hearing?

If the stay order was given ex-parte , that is without hearing from your side then it is temporary order, for which you have to make appearance through a counsel and try to vacate. But if the order has been issued after hearing you, it stays till the disposal of the matter.

How long does it take for a landlord to evict a tenant?

Some states won’t forcibly remove the tenant unless the landlord specifically asks the court to have the tenant removed, while in others, tenants have from 24 hours to several days after the eviction order is delivered to actually move out before law enforcement returns to the unit to physically remove them. This can take 24 hours to several days.