stay order

Querist : Anonymous (Querist) 10 January 2010 This query is : Resolved
can a judge pass a stay order merely by application filed by party to stop the construction on the basis of section 39 A. without hearing the opposite party.?

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Adv Archana Deshmukh (Expert) 10 January 2010
Generally the court first issues notice to the opposite party. But in case of urgency, the court does grant stay to stop the actual ongoing construction till the notice is served and the opp. party appears.

joyce (Expert) 10 January 2010
ex-parte stay order will be granted by the Hon courts if the case quotes its prima facie. Rest Archana's i follow-up.

Kumar Thadhani (Expert) 10 January 2010
Generally the court cannot proceeds nor it can passes exparte order without hearing the opposite party unless the case itself is the subject or the evidenences are on face and records of the case or the primafacie evidences or material on the records are sufficient to pass the order

Arvind Singh Chauhan (Expert) 10 January 2010
Under Sec 151 court may order, what it think fit, in the interest of justice.

B K Raghavendra Rao (Expert) 10 January 2010

Court may at its discretion grant ad-interim stay order up to the next date of hearing upon an Interlocutory Application by the Plaintiff and order for notice to the defendants. Defendant has an opportunity to appear at the next date of hearing, submit his objection for the I. A. and convince the Court to vacate the stay order.

Adv ramesh chheda (Expert) 10 January 2010
yes it can if mater is of very urgent nature but then u can apply for vacating of said order .

Raj Kumar Makkad (Expert) 11 January 2010
My opinion is also not opposite of all other experts.

M/s. Y-not legal services (Expert) 06 October 2010
Yes.. Agree with above seniors.. Especially with adv.archana. Usually court will not pass any stay immediatly. Court wil issue notice to the respondents.. If you proved any emergency or great loss mean court wil consider about stay order..

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