Ashok Cardoz 27 February 2022

Stay order query

Dear Sir/ Madam I need your help on the below query. How to get Stay order or to deposit rent in court. I have filed civil suit against my brother for which the court passed an injunction order against him that he should not sell, transfer,alienate ,part with possession or create third party rights until further orders. He has not obeyed the court orders n has given the premises on Rent for which he is only benefitting from it. Secondly I filed a criminal against my brother n others for Forgery n Cheating. He has forged my signature on certain documents for which n FIR is registered in Khar Police n charge Sheet is filed. Only accussed is absconded n is abroad for which charge Sheet is pending. My brother had gone to quash the FIR in Highcourt for which the court dismissed his petition. Now I would know how get the rent deposited in court or put stay order on the premises. Please help Me. Your prompt reply will be highly appreciated, Thanks n Regards XYZ

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6 Replies

basavaraj shiromani (Advocate) 27 February 2022

First of all you have to establish that the premisis given on rent , you may also file an application for breach of injunction order and further for depositing rent amount

Dr J C Vashista (Advocate) 27 February 2022

You have posted two different subjects in one line viz;

"How to get Stay order or to deposit rent in court."

What do you intend to ask i.e. grant of stay order or deposit of rent ?

Further you have mentioned inter alia, that,

"I have filed civil suit against my brother for which the court passed an injunction order against him that he should not sell, transfer,alienate ,part with possession or create third party rights until further orders...."

As per your statement court has already granted stay order. What else do you expect ?

You have posted another subject query in the same thread, resulting in confusing yourself / respondent experts inter alia, that,

"Secondly I filed a criminal against my brother n others for Forgery n Cheating."

It would be appropriate to consult and engage a local prudent lawyer for better appreciation of facts / documents, professional advise and necessary proceeding.

Ashok Cardoz 27 February 2022

Even After an injunction order passed which mentioned by you is a stay order. He has given the premises on Rent which basically i am the first owner n he is the second. But on the leave n license my name is not there, it is only in his name.So please let me know what steps to be taken further. Please advise
Thank You

G.L.N. Prasad (Retired employee.) 27 February 2022

Contact your advocate and also implead the tenant if possible with directions for depositing the sum in court and amend prayers for mesne profits if not already done.

Ashok Cardoz 27 February 2022

So mean to say an injunction order is stay order. Please advise. Thanks

Palak batra 01 March 2022

Dear Querist,

For the stay order procedure, one needs to approach the Court with proper documents of the property. Documents required for stay order include an FIR copy and ID proof along with the other relevant documents for the particular cases.

In case of the stay order on the property, proper documents of the property are needed. Stay order on a property is a temporary stay. For you to file such a request for a stay order, you need to keep in mind that there is a duration to consider for the stay order process to get over, along with the appropriate amount of legal counsel as well as a mandatory court stay order fees.

Regards,

Palak