Interim stay
jeetendra patel
(Querist) 11 February 2012
This query is : Resolved
Dear colleagues,I have filed a Misc. Civil Appeal alongwith application for delay. I have also preferred an application for stay for staying the operation of injunction order passed by the trial court in following words which is on the face of record abuse of discretionary power.
"order of status is made absolute till disposal of suit."
(1)Can court grant interim stay to the operation of injunction order pending hearing of delay condonation application.
(2)Is there any latest landmark judgement in which manner in which how to exercise discretionary power is discussed.
please enlighten me on above points.
Devajyoti Barman
(Expert) 11 February 2012
1. No. Stay depends upon the the admissibility of the Appeal. Until the Appeal is admitted no substantive order can be passed herein.
2. Indicate facts situation of the case.
Raj Kumar Makkad
(Expert) 11 February 2012
1. Delay condonation application shall be decided first and only then you may press for your subsequent application.
2. You require no judgment and even I do not find any merit in your appeal as only status quo order has been pronounced which is not against either of the parties. If you have possession then the impugned order is in your favour and if the same is with the respondents then the order is in his favour. What is the wrong with the impugned order?
