Response

Before granting a stay order, the court will usually send a notice to the respondent. Furthermore, you made no indication of the current ownership of the land. The stay order will not affect you if you hold possession.

The Civil Procedure Code’s Order 39 deals with stay orders.

The court may issue and grant a temporary injunction to stop any such act, or make any other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal, or disposition of the plaintiff’s property, or otherwise injuring the complainant in relation to any property in dispute in the suit.

The property stay order can be lifted by presenting your situation to a property lawyer in India and having them file a petition for the order’s cancellation, including all of the reasons. If the court deems that your case has sufficient merit, the stay order will be lifted, and you will be able to collect your rightful part of the property.

If you are the owner of the property in question and have the necessary paperwork to prove it, getting the stay order lifted and your property rights restored should not be a problem.

Reference: Order 39 of Civil Procedure Code – – AHG157 – 202100581 – 79 – 75 – 202100112202100242196

LAWAYZ-2023-949