• Stay from appeal

sir, 
firstly , we had civil suit  which had been decided civil judge senior division for the seperation of  property which my father left after death . the court has issued a decree for our claim an d in our favour .we are in such a situation that we have to sell the property .defendents has submit an appeal .
my question , here is that if they {defendents }can get stay on the property or on the judgement. Further if they moved to high court , will the high court issue them stay or not
Asked 3 years ago in Property Law from Ludhiana, Punjab
Grant or refusal of stay is the absolute discretion of court which has to be exercised having regard to the facts of the case. Nobody can tell beforehand whether stay will be granted or refused by District Court/High Court. You will get an opportunity to argue against grant of stay when the court fixes a date for hearing the request for grant of stay.
Ashish Davessar
Advocate, Jaipur
18884 Answers
474 Consultations
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if they went for appeal ,of course  it is going to take some time to decide on this and till that you can not sell this property,and courts decision depends how the facts are presented in court
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
it is at discretion of court to grant or refuse stay . after appeal has been filed it will come for admission . if court finds merit in Appellants arguments court may admit the appeal and grant stay .
Ajay Sethi
Advocate, Mumbai
24848 Answers
1337 Consultations
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Hi, if the other party in the suit file an appeal normal appellate court normally will stay the judgment and decree of the lower court.
Pradeep Bharathipura
Advocate, Bangalore
4161 Answers
141 Consultations
4.3 on 5.0

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