LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Devi (Design engineer)     16 May 2012

Filing stay order in court

Sir, Iam Devi belong to pondicherry. We have filed a case on property in pondicherry court. Sixyears passed away. Still waiting for judgement. Let me describe briefly about our case. My mom has a plot.Plot no is 71. The next plot owner sridhar and his plot no is 70.By mistake he started construction in our plot.We filed case against sreedhar.Our lawyer took photograph at that time, the construction is just started. Its just 5 feet wall only.We asked lawyer to file stay order at that time. He refused not required bcoz he is having photo proof.Lot of trials over, nobody from opposite party appeared in court. So after 4 yrs trail exparty judgement was given in favour of us. But now the opposite party lawyer reopen'ng the case requesting to give some more time for them.we asked our lawyer, how long it will continue, he is telling now n then. Now the condition is the opposite party has constructed a house and staying there for almost 5 yrs. 

 

My query: Is it possible to file stay order in court now? The purpose is if stay order is given like no one should stay in house until case finishes. So that there is possibility the opposite party will appear in court and case may end soon.


Also suggest how to get stay order in court.

 

Thanks  in advance.

Regards,

Devi.G



 1 Replies

Guest (Guest)     16 May 2012

It is beyond my comprehension as to why your lawyer did not pray for stay of the construction pending the disposal of the case. An ex parte decree can be challenged by the judgement debtor within a period of 30 days from the date of knowledge. If the adversary is able to show sufficient cause which prevented him from appearing at the ealier stage, the ex parte decree may be set aside, and the case would then be heard afresh and decided on merits.

In the event of ex parte decree being set aside(which seems likely), you may now amend the pleadings and apply for injunction against the other party.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register