I am having a case in lower court where the judge has give an interim stay against me. The petitioner has filed a case against me under right of prior purchase act and has got an interim stay where i cannot construct a house or allineate the land and from the last one year the case is going and the judge is only giving dates and not disposing of the interim stay application. I want to know , recently the supreme court has given a order in which it said , stay for more than 6 months is not valid and in case it is necessary for the case a judge has to expressly state the reasons. I have showed the judge the judgement but he has not done anything and inturn has gone ahead with a contempt they had filed. What shall i do , with regard to supreme court judgement so that my stay is vacated. A lawer told me its not operational but i want a order in this regard.
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the Supreme Court has directed that in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such .stay is extended
2) judge has to give reasons for extending stay
3) file an appeal against said order before HC ..
1. take out a notice of motion praying to continue with the proceedings on account of the stay having been operational for more than 6 months and no order of extension being produced by the party in whose favour stay is granted. Cite the Supreme Court judgment about vacation of stay on expiry of 6 months, in your affidavit in support of the motion. Also state the prejudice which is caused to you due to the stay and halt of the matter
2. if the judge dismisses your motion, you can move the High Court by filing an Appeal from Order
3. the High Court will definitely take cognizance and direct the lower court to proceed with the matter or give reasons as to why the stay should be continued
1. Yours is a injunction order in force and not the stay order. The supreme court order applies to stay order which is not akin to the order passed in a proceeding under Order 39 Rule 1 & 2 of CPC like yours.
2. In such cases interim orders tend to get extended till the injunction petition is finally heard. Please note that if there is prima facie case in favour of the petition getting the injunction order the restraint order is lively to be in force till the suit if finally tried.
3. So expedite the suit for its final outcome. Good luck.
File revision to vacate the stay sitting Judgement.
The supreme court opinion in this regard will not entitle you to disobey the court order of interim injunction granted against you.
have you taken steps to vacate the stay by filing an application under order 39 rule 3 cpc
you can file an application to vacate the exparte interim injunction.
if this application is dismissed you can prefer a revision against it before the higher court.
Firslty, as it is the interim relief been given agaisnt you.
Secondly, so, though it may be continues till the end of the proceedings as judges have prerogative power to continue it for a long time also.
Thirdly, but yes, if you are prejudice with the same, and as per the judgments talked about by you, you can very well go in an appeal against that interim order also though it is not the final order to get it set aside.
You need to file writ in HC for directions to the said judge to decide the application on merit on the basis of that judgement.
