Procedure to obtain stay order from cooperative court
Namrata K Mirchandani
(Querist) 12 January 2013
This query is : Resolved
Hi,
I have a property case pending in Mumbai Cooperative court, meanwhile there has been an execution of Deed of Assignment fraudulently and now 3rd party has entered my premises for further construction,
can anyone please tell me
1)what is the procedure to obtain Stay Order?
2)Can I get stay order from Cooperative Court where the case is already registered?
3) What documents I'll have to produce?
4) How much fee I have to pay to obtain Stay?
5) Within how many days I can get the stay order?
hoping for a prompt reply.
Nadeem Qureshi
(Expert) 12 January 2013
Dear Querist
you should contacted a lawyer personally with all the documents
ajay sethi
(Expert) 12 January 2013
you must have engaged a lawyer for fighting your case in cooperative court .
you have stated that 3rd party has entered into your premises for further construction . is the 3rd party aleardy a defendant in your suit filed in cooperative court .
if it is a prty take out an application for injunction restraining it from entering your premises .
since you have already engaged a l;awyer and he has gone through the case papers go by his advise
Namrata K Mirchandani
(Querist) 12 January 2013
Dear Ajay, we have already filed injunction in Sept. 2012, in Cooperative Court but still we have not got a reply from court.
My lawyer is filing another suit in civil court for cancellation of Deed, but things are getting worst, so my concern is i need Stay Order asap, i am confused at this point what to do?
ajay sethi
(Expert) 12 January 2013
if you had applied for interim reliefs in september 2012 court would have passed an order on your application for interim reliefs . your lawyer would have guided you as to why no reliefs have been granted till date .
Namrata K Mirchandani
(Querist) 12 January 2013
@ Ajay,I have been going on every hearing, no such order has been passed.
Is it possible to get Stay in Cooperative or I'll have to approach Civil Court, how many days does it take to get Stay?
ajay sethi
(Expert) 12 January 2013
i presume that in suit filed in cooperative court third party is not a party to the said case .
you will have to file case in civil court for an injunction restraining third party from carrying out any construction . it wont take more than 15 days for an order by court to grant or refuse interim reliefs .
