What is the procedure to put a stay order on a certain property?


Stay Order simply means that the party against whom such an order is issued is prevented from taking further actions in relation to the subject matter pending the occurrence of an event or a determination of a suit. So, till a stay order is in action, the operation of the Court’s proceedings is made standstill, and the party who seeks it can cause the operation of the other party to cease.

Stay Order on a property is a temporary injunction on a property where the concerned property is being damaged or alienated or has been wrongfully sold in other cases where an opposite party is threatening to dispose of property or property is under dispute. It is granted by court as per order 39 of The Code of Civil Procedure.

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. In order to get a stay oredr on arrest, a copy of the FIR is required under Section 482 in the High Court and a copy of the charge sheet.

Reference: Order 39 Rule 1 and 2 of The Code of Civil Procedure



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