Stay

Querist : Anonymous (Querist) 18 October 2011 This query is : Resolved
is it possible to vacate the stay imposed by High court on lower court veridict?
Or should we wait till the case is decided by the high court

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Devajyoti Barman (Expert) 18 October 2011
Order of stay can only be vacated by the court which has granted it.

The order of the higher court is always bonding on the lower court and it can not go against the order of the higher court.

Shastri J.K. (Expert) 18 October 2011
If you have sufficient ground U can file application for vacating the stay .

ajay sethi (Expert) 18 October 2011
you must have sufficent grounds to make an application for vacating the stay

Sankaranarayanan (Expert) 18 October 2011
yes if you have any sufficient background and reason then you can .

prabhakar singh (Expert) 18 October 2011
THE STAY ORDER PASSED BY HIGH COURT IS BINDING ON LOWER COURT,STAY ORDERS ARE PASSED
TO KEEP THE POSITION OF PROPERTY INTACT AS IT WAS ON THE SUIT DATE AND NORMALLY NOT VACATED UNLESS SOME VERY VERY EXCEPTIONAL CIRCUMSTANCE IN RESPONDENT'S FAVOR IS FOUND.

Sailesh Kumar Shah (Expert) 19 October 2011
All experts are rightly advised.

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