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Q.

What is stay order?

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2 2021-10-25T16:59:31+00:00

In the land or property conflict you must have come across the term stay order. But what is stay order? Why do people become restless after getting a stay order? Who can get a stay order? If your mind is bombarded with such queries then let me tell you, I have your answers. I deal with such queries all the time and I can help you know all the answers to your questions.

What is stay order in court?

Stay order is the legal route approved by Indian law to temporarily stop any action on the property or subject matter such as selling, letting out, alienation, etc. until a decision is reached. 

Cases in which stay order can be granted by court in India

Courts can grant stay order under the three major circumstances as outlined by the Supreme Court of India: 

  • the balance of convenience does not favour the alleged violator

  • stay order is not causing irreparable harm or injury

  • there is a prima facie case for granting the stay order

The Supreme Court of India decided to bring these into notice of all the legal bodies to ensure that filing and granted stay orders doesn’t cost state government money as was the case in Mizoram. The event that triggered the SC to come to this was that State Government of Mizoram had filed appeals against high court order to keep in abeyance all paper lottery draws pursuant to the pending outcome of a writ petition filed by a lottery company. 

This is all you need to know about what is stay order in court. I hope you have your answer now. Don’t forget to leave a like :)

Read more: How to get stay order from court? How to remove stay order on property?

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