You can file an set aside petition for set asiding the exparte order

1) exparte stay is interim and can be vacated by court

2)court would insist that service be made to defendant before passing any stay orders

1To vacate the exparte order you should move the vacate the interim stay petition before the concern court. 2. It is upto the court to vacate the stay or grand stay till the disposal of the case. If you have valid ground and document to show that the interim stay obtained by the opponent party by playing fraud and producing false documents, you can vacate the stay.

The stay granted by court, more so, if ex parte is largely temporary in effect.

However perusal of the order itself will enable me to make final comment on this.

The court at its wisdom often pass stay order till disposal of the appeal.

So if you divulge further information of your case i can advise further.

Yes both side argument will be heard and order will be passed ..whether the exparte can be set aside or not ... Depends on the court and case appeal can be filed

Yes Ofcourse

It can't be easily vacated.

Enter appearance in the respective court and file your objections together with an application for vacation of the stay order passed to your detriment.

You'll have pursue the matter rigorously. Otherwise, the stay will prolong till the final disposal/hearing of the case.

Yes, you'll have to file your objection/counter and press the court to hear the matter finally.

However, if this stay order has been passed by the High Court, the same may be challenged in an appeal.

1) court after hearing both parties would pass orders on the notice of motion taken out by Plaintiffs or Petitioners

2) stay would be granted pending hearing and final disposal of suit or petition

The stay is interim in nature and would have been passed by the court on the first date before your appearance.

Mark an appearance before the court and place an application for setting aside the interim relief, file your objection. The same shall not be treated as a stay of permanent nature

Let me know if I can be of some help.

Regards

Exparte stay his interim 1.

Exparte stay can be vaccated.

Exparte stay may be permanent till the disposal of the suit.

Exparte is not till the disposal of the suit, it is till it is set aside by the aggrieved party.

The opponent against who this order was passed has to file a petition to set aside the exparte order.

However if it is an injunction granted on exparte basis, the affected party has to appear before the court and file a petition under order 39 rule 4 cpc to vacate the stay/injunction.

So does the interim stay become permanent stay only after both the parties arguement is completed, I mean after hearing the defendant side? Please clarify,

Your understanding is right that the court will make the interim injunction absolute only after hearing both the sides.