Dr UMESH halkar 11 January 2023

Time limit for stay order athc

Sir,

On recover case on filed stTrail court and case was decree to my side. The opponent file for appesl at Hc and stay for recovery at Trail Court.

2. Interim order passed that the stay order is granted till next hearing. But date is not mentioned. Now 2 year passed. My side advocate says that memo can not be issue since Final hearing..

Trail court disposed the case and judgment given later can file the case for recovery after HC Judgement.

How long the stay order van extended without mentioning any adjourned date.

Whether memo van file for warning list.

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Quick Summary

This discussion concerns a stay order granted by the High Court (HC) on a recovery case, which has now been in effect for two years without a specified next hearing date. The original trial court order was in favour of the user, but the opponent appealed and obtained the stay. The user's advocate is unsure how to proceed, as the trial court has disposed of the case and suggested recovery can only proceed after the HC judgment. The core question is how long such a stay order can remain active without a listed date and what steps can be taken to prompt a hearing.