• 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 3 months ago in Civil Law from Bangalore, Karnataka
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 

Ajay Sethi
Advocate, Mumbai
27180 Answers
1472 Consultations
5.0 on 5.0
1) sale can be done of movable properties only as per court orders 
Ajay Sethi
Advocate, Mumbai
27180 Answers
1472 Consultations
5.0 on 5.0
sale can be done of movable properties only as per court orders
Ajay Sethi
Advocate, Mumbai
27180 Answers
1472 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
17306 Answers
165 Consultations
5.0 on 5.0
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. 
T Kalaiselvan
Advocate, Vellore
17306 Answers
165 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
27180 Answers
1472 Consultations
5.0 on 5.0
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.

T Kalaiselvan
Advocate, Vellore
17306 Answers
165 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
17306 Answers
165 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
27180 Answers
1472 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13544 Answers
291 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19555 Answers
506 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3799 Answers
148 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
3146 Answers
47 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
969 Answers
69 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
2021 Answers
23 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1295 Answers
71 Consultations
5.0 on 5.0
Kiran N. Murthy
Advocate, Bangalore
822 Answers
58 Consultations
5.0 on 5.0