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Jobs (PM)     19 November 2012

Conditional stay

My tenant didn't comply the conditional order to pay rental arrears.He went for an appeal also filed stay application.

In mean time my lawyer got eviction order on basis of non complance of the conditional order.

Now tenant lawyer seeking stay from appealet court.

Now my lawyer saying they may get conditional stay order?

below are my question.

1.Whether he get condional stay and what is condional stay means?

2.Will he get the stay without paying any money?

 

 

 

 

 



Learning

 3 Replies

surjit singh (Assistant)     19 November 2012

Conditional stay means the court may impose some condition like payment of arrear rent or payment of monthly rent regularly and in case any of the conditons are not followed the stay will automatically vacate.

Ask your lawyer to file caveat petiton before the appellate court, in that case your lawyer will be served with the petiton before the filing of the case. Ask your lawyer to object to the granting to any kind of stay.

1 Like

Madan Mohan Pandey (District and High court advocate)     25 November 2012

The court will ask them to comply with the orders before providing any kind of injuction (stay). This is sure.

Filing a caveat will ensure that any order shall not be passed withou hearing bothe parties.This will help you.

It is discretion of the court whether any stay will be provided or not ?

But generally when an appeal lies the orders given by lower court are sustained means no any such effectiveness of lower court orders but in your case this is a conditional stay and without compliance defacto stay will vaccate.

Do not worry. File a caveat and wait.

1 Like

Aryan Raj   04 January 2022

In response to your query,

A conditional stay means that the court may set some conditions, such as the payment of arrear rent or the regular payment of monthly rent, and if any of the conditions are not met, the stay will be promptly revoked. Therefore in your case his stay will be revoked as he has not payed the rental arrears.

In other case you can opt for caveat petition as suggested by other fellow experts. In case of caveat petition caveator submits a caveat petition, asking the court to notify him if another person makes an application in a suit or action against him. The caveator asserts his right to appear before the court on the application filed against him in the caveat petition.

Regards,

Aryan Raj 


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