Citation
minsal
(Querist) 01 September 2014
This query is : Resolved
Dear Expert,
I urgently in need of a citation on a point that "in absence of the order of the stay, no one can stop the party to continue their work only on the point that an appeal is filed(i.e. without stay).
Thanks in advanace
ROHIT SHARMA
(Expert) 01 September 2014
1. The filing of the appeal against the judgement of the trial court for refusal to grant stay in absence of any stay order does not make such appeal itself is ground for stopping the other party from proceeding to carry on the work. The appeal will not survive. Since this is not a question in law hence it is difficult to find an appropriate citation.
ajay sethi
(Expert) 01 September 2014
we dont provide citations
minsal
(Querist) 01 September 2014
Sir,
In our matter the officials are not ready to co operate us stating that the other side has filed an appeal hence you can not proceed the further construction work. we argued that they have not applied for stay so they cant stop us but the officer is not ready to listen. he said that you get the judgment that the party can continue their work even after filing of an appeal if there is no stay grant by the court, then I will allow you to continue the construction work.
Pl. help me.
Rajendra K Goyal
(Expert) 02 September 2014
Citation not provided. Consult your lawyer.
Arvind Singh Chauhan
(Expert) 03 September 2014
There are citations that mere filing of appeal does not operate as stay itself unless there is clear cut stay.
You should obtain questioner from this appellate court " WHETHER.......HAS BEEN STAYED FROM DOING CONSTRUCTION WORK ON THE DISPUTED SITE, BY THE APPELLATE COURT? "
The answer would be no. Then produce it before the authorities.
