Does crop cultivation on the land come under the stay order passed?



A stay order in legal term means the act of temporarily stopping judicial proceeding through the order of a court. In other words, a stay order is an order by the court which suspends a case or a particular proceeding related to the case. This has a temporary effect. The stay order is generally issued to secure rights of a party in a specific situation. The stay can be in a civil or criminal proceeding. The court also, in the light of subsequent events, lifts the stay order issued.

An injunction order can be granted by the court which mandates a person to do or refrain from doing some act. The applicable laws would be Sections.36-42 of the Specific Relief Act, 1963 and the procedure would have to be as per Section.94 and 95 and Order 39 of the Code of Civil Procedure, 1908.

A stay order can either be:

1.Issued after hearing both the parties, which remains in existence until the time matter is resolved.
2.A temporary order issued without hearing the second party in which case one can lift the order by making an application through competent lawyer stating fact and plea as to why the stay order should be lifted.

A temporary stay order or injunction on a property can be issued when in a suit by an affidavit it is proved that;

1.The disputed property is in danger of being wasted, damaged or alienated by any party of the suit.
2.The disputed party may be wrongfully sold in execution of the decree.
3.The property may be disposed off by the defendant to defraud his creditors.
4.The defendant threatens to dispose or cause injury to the plaintiff about the disputed property.

A temporary injunction is granted in order to refrain a person doing a certain activity, so as a stay order has been granted to the land means that any kind of activity is forbidded on the following land which includes agriculture.




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