Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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regarding stay order

(Querist) 10 April 2010 This query is : Resolved 
i have filed an appeal of Mode of Partition before S.D.M , S.D.M granted stay order on my application till than 1-1-2010 but no order has been assigned by the S.D.M regarding vacate of stay , this stay order is valid till than 16-1-2010 or i have to extend it , Tehsildar sent my file for paper partition , i have argued that my stay is valid till than it is not dismissed by the S.D.M.
Kiran Kumar (Expert) 10 April 2010
unless and until there is some specific order for vacation of stay, it will be presumed that the stay is in operation, however, if it was for a limited period like till the next date of hearing then it needs to be extended if required.
R.R. KRISHNAA (Expert) 10 April 2010
Dear Neeraj,

The stay obtained by you is valid only till 16.01.2010 as granted by the judge. After such period you have to approach the court and formally obtain an extension of stay by way of order. If you have not obtained such formal extension of stay, then the stay obtained by you would automatically has ceased to operate after 16.01.2010. It is advisable to approach the court and seek the extension of stay on the date of expiry of stay order.
Arvind Singh Chauhan (Expert) 10 April 2010
I do agree with Kiran Sir and Krishna Sir.
Surender Dhull (Expert) 10 April 2010
If the order granted till furhter order then stay would be vacate by way of order and if the order has passed till then (date) then the order is upto that date as mentioned if not extended.
O. Mahalakshmi (Expert) 16 April 2010
I agree with Mr. Surender Dhull.

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