Stay order
Jithendra.H.J
(Querist) 17 February 2009
This query is : Resolved
a suit for possession was filed by the land lord against the tenant, when the case was posted for judgment, the tenant has filed application to set aside the exparte order, and prayed for the permission to takepart in the proceedings, but the application was rejected, the court has given the reason that the "once the suit is posted for judgment cannot be reopened", judgment was pronounced against the tenant.
tenant has filed the appeal, got stay order.
the stay order passed by the appellant court is as follows:
"the execution and operaion of the judgement and decree passed in O.S---/-- dated--/--/-- on the file of the ----- are hereby stayed till next date pending disposal of IA No.1"
subsequently the land lord has filed the execution petition, the tenant has appeared before the executing court and has filed the certiied copy of the stay order, the learned judge and the learned counsel for the Decree-holder(land lord) are saying that the stay order is not in force as it is stayed only till next date of hearing, contention the JDR is that it is stayed till pending disposal of the IA,
(judge is asking for the citation!)
what is your opinion is the order is stayed only till next date of hearing or till disposal of the IA-1?
PALNITKAR V.V.
(Expert) 18 February 2009
My interpretation is that the stay order is valid only till next date.
A. A. JOSE
(Expert) 18 February 2009
Unless the appellant has got the stay order further extended, I am in total agreement with the view expressed by Ppalnitkar Sir hereinabove.
Uma parameswaran
(Expert) 18 February 2009
"Stayed till next date pending disposal of IA No: 1".My opinion about this line in the stay order is that ,the stay runs till next date of hearing while pending of IA for disposal.
This type of complications we can see in many orders.So it is better the concerned counsel go through the order as soon as it received to him.
M. PIRAVI PERUMAL
(Expert) 18 February 2009
I do agree with the views of my friends. It is only till the next hearing. The petitioner ought to have sought for extension of stay till it is made absolute.
ARVIND JAIN
(Expert) 18 February 2009
It is only till the next hearing AND can be extended.But one other view is that stay will be operative unless vacated.
Kamlesh soni
(Expert) 18 February 2009
the stay order is valid only till next date. I do agree with the views of my friends. It is only till the next hearing.
Sushil Kumar Bhatia
(Expert) 18 February 2009
Dear,
Once an appeal filed against the order of lower court if There is an order of appellate court for stay the operation of order of lower court .The lower court is bound by order of appellate court and cannot pass any order till the final decision in appealYou should apply for Sawal talash(search Application) and query whether the appellate court has stayed the operatiuon of order of lower court till disposal of appeal by the order dated...."and if the ans in "yes' and file before the court.
Jithendra.H.J
(Querist) 18 February 2009
under what provision the JDR has to file Sawal talash(search Application)?
Jithendra.H.J
(Querist) 21 February 2009
what is the remedy or what steps the JDR has to take?
PALNITKAR V.V.
(Expert) 22 February 2009
I think it is better to get a clarification from the court which passed such a vague order.
B.B.R.Goud.
(Expert) 23 February 2009
stay order is operative and in force unless it is vacated.
