Stay validity if stay case dismissed for Default
Ram
(Querist) 30 September 2019
This query is : Resolved
My mother and my aunt had a joint agricultural land and during consolidation partition of this land was done and DDC and passed an order of partition. My aunt was not satisfied with the way partition was done and she went to high court against it in 2006. It was pending since then but 3 months back case was dismissed for default. Now she again went to high court for suit restoration and case is restored.
Now question is that stay on partition is still valid or not. This is because we went to SOC to do partition as per DDC order as case is dismissed so stay is not valid untill any further order is passed from high court. Please advise.
Thanks
Ram
Dr J C Vashista
(Expert) 01 October 2019
After restoration the case started from the stage it was dismissed, however, order of stay came to an end when the case was dismissed but not granted again.
Why and which provision of law did your aunt approach High Court ? Unbelievable statement.
It would be better to consult a local prudent senior with case file for appreciation of facts & circumstances and guidance.
However, if you are located in Delhi and feel so, may contact me (on appointment) at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell# 9891152939 email: majjagdish@yahoo.com or visit Vakil-saab.com
R.K Nanda
(Expert) 01 October 2019
after restoration of suit fresh stay order is to be obtained by concerned party.
P. Venu
(Expert) 01 October 2019
Why is it that the suit has been filed in High Court?
