1) small causes court would not entertain his application
2) as on date no appeal is pending in SC
3) hence execution proceedings would not be stayed
Request for Stay by some one who is not a party
Hi, This is a tenant eviction case and we have won the case in small causes court. The tenant has got 3 months time to vacate as per the order with costs. However the tenant created a fictitious story that he has vacated the property and as if some one else took the possession from me for rent. This new unknown person filed an application obstructing us for executing the order (with absolutly no evidence of a tenant landlord relationship between me and him). This order was dismissed by the small cause court Later he moved to High court and his application was dismissed there as well. Now when i have moved to small cause court for executing the order, this unknown person has come back with an application seeking stay on execution as he wants to move to Supreme court. Will small cause court entertain such application? Regards, Mani
Asked 7 years ago in Civil Law
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7 Answers
Thanks Sir, the court has ordered to attach his movable properties in case he does not pay the areas/costs. Can we sell these movable properties once we attach them?
Asked 7 years ago
1) sale can be done of movable properties only as per court orders
Thanks Sir, the court has ordered to attach his movable properties in case he does not pay the areas/costs. Can we sell these movable properties once we attach them?
Asked 7 years ago
sale can be done of movable properties only as per court orders
Now when i have moved to small cause court for executing the order, this unknown person has come back with an application seeking stay on execution as he wants to move to Supreme court.
Will small cause court entertain such application?
If the appeal is barred by limitation, this can be pointed to the court and the court may be requested to reject the petition if there is no appeal preferred yet and the same is bared by limitation.
In the absence of any stay order by supreme court, the small causes court may not entertain this type vexatious petition.
Thanks Sir, the court has ordered to attach his movable properties in case he does not pay the areas/costs. Can we sell these movable properties once we attach them?
By an order for attachment may not entitle you to sell the property, the other procedures as per law has to be followed if you intend to sell the attached properties.
Hello Sir, This is in regards, to my first question. The other party (unknown person) has filed an SLP and its registered and listing date as tomorrow: 1. As I dont have any Lawyer engaged yet in SC will he get a Stay in SC as there will be no one from my side to defend this. 2. Should I engage a lawyer right away to file a Caveat and challenge the SLP or should I wait for the notice to arrive from SC. 3. Is there a chance that the SLP would get dismissed before i get a notice (with out needina Lawyer to be hired) 4. As he has filed SLP in SC, Will the Small Cause Court has to Stay the Execution Order
Asked 7 years ago
Wait for notice to be served upon you
2) if SC does not find any merit in appeal it may be dismissed without issue of notice
3) small cause court shall stay execution proceedings if stay has been granted by SC
1. you can engage a lawyer on an urgent basis and file a caveat on this immediately so that there is no exparte order against you.
2. As far as SLP is concerned you may await notice by SC, but there is no problem in filing a caveat.
3. What is the reason that you are confident about this situation, do you think that the situation is favorable to you?
4. If There is a stay by supreme court by an order then the execution petition may be kept on hold.