Supreme Court has held that stay of proceedings in a pending trial, whether of civil nature or criminal nature, will automatically tumble down after six months unless it has been extended by speaking order.

2) court can by reasoned order extend the stay

1. Yes, file an application under order 39 rule 4 of cpc to get the injunction order vacated.

2. It appears they have filed a suit for specific performance of contract and you did a mistake by not sending them a written notice cancelling the agreement.

3. Now since the suit is filed the only option si to get it disposed of asap and to do this file an application in the high court for direction of speedy disposal of this case.

4. if the injunction order is vacated then sell this property as the suit is going to be dismissed in all likelihood.

All the best.

If stay is granted, it should not normally be unconditional or of indefinite duration. Appropriate conditions may be imposed so that the party in whose favour stay is granted is accountable if court finally finds no merit in the matter and the other side suffers loss and injustice.In cases where stay is granted in future, the same will end on expiry of six months from the date of such order unless similar extension is granted by a speaking order. The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalized.

So as per the latest judgment from supreme court you can file petition for vacating the stay order

Firslty, I don’t know who contested in your behalf in the court.

Secondly, when we entered into the agreement to sale then it’s been written there the time of registration and payment date of ye rest of the amount.

Thirdly, if they are not paying then it’s their fault not your.

Fourhtly, if you are not selling then they should have come to you and requested, but they didn’t ever. It shows their fault.

Fifthly, I am practising in Supreme and High Court of Delhi both, you can avail my services if want to.

See you can file a petition before the high court to vacate the stay further can put a purposal before court that you are ready to sell them if they pay current market price. Further it can be contented that they didn't take steps for registration.

hello,

if the stay has not been extended with a reasoned order then you may file an application for vacation of the stay.

Also the application can be filed on the ground that they are not abiding by the terms of the agreement.

regards

Supreme Court has ruled that a stay of proceedings in trial, civil or criminal cases would automatically lapse in six months, and for any extension, the party concerned would have to move the court again to get a speaking order.

The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalised.

You can also approach High Court for vacation of stay order where you must convince the court that no violations have taken place. You have to tell the court that the stay will ultimately cause irretrievable damages to you and is benefiting the buyer.

"In this regard, we may point out that the provision of sub-clause (3) of Article 226 of the Constitution of India have taken care of and if within the period of two weeks from the date on which application for vacating stay is received in the office of the Registry and the same is not placed before the Court, the ex parte stay order automatically stands vacated after expiry of two weeks' period. Thus, the provisions of sub-clause (3) of Article 226 in respect of vacating interim order is automatic after expiry of two weeks from the date on which the application is received in the office and by the petitioner."

Below as the Article 226

Article 226 in The Constitution Of India 1949

226. Power of High Courts to issue certain writs

(1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose

(2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories

(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ), without

(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and

(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand vacated

(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme court by clause ( 2 ) of Article 32

Hello,

A stay vacation application has to be filed in the court stating the aforementioned facts and te court will either vacate the stay and expedite the case or it will decide the case within 6 months. If the court rejects the application then approach the high court.

Regards

If you even to sell the said property to them you have to file memo for the same in that case through your Advocate and to close the case to execute a sale deed by received balance sale consideration. All the best

1. You acted in a casual manner. Did you get your presence marked in the sub-registrar's office? When the buyers did not come forward for the execution of the sale deed on the appointed day you ought to have then issued a lawyer's notice to them to cancel the agreement to sell and forfeit the advance that had been paid to you.

2. Supreme Court's recent order with regard to vacation of stay is impractical and the courts are not religiously following it. Be that as it may, before the expiry of 6 months the plaintiff will file an application to seek extension of the stay order. The efficacious remedy for you is to challenge the temporary injunction order through an appeal in the higher court.

Yes you can bring notice to court that citation by filing an application for rejection of plaint under Order 7 Rule 11 of CPC at a simelteneously vacate the stay order and dismissed the suit and save your property and forfeited the advance amount. All the best.

1. Agreement stood terminated when the buyer did not turn up for registration

2. You cannot be forced to sell your property to that buyer who was not willing to make payment of balance consideration

3. You should have terminated the agreement by a written letter to buyer

4. But still agreement gets terminated by implication

5. The buyer has no right to lock up your property

6. Appeal against the stay order

7. You can offer to refund the token to buyer after deducting 10% or submit that you have forfeited the amount as the buyer failed to complete his part of the obligations

This is my response to you:

1. Yes you can get the stay vacated;

2. If your lawyer is handling the case he/she will know that evidences should be collected by you to support your case;

3. The buyers are at fault;

4. But if you signed an agreement wherein you promised you will not create third party interests then you are liable and legally bound by its implications;

5. Although it has been 4 years now, you should get the stay vacated;

6. If they still have not paid the money, there is no chance they are going to purchase it now;

7. It is basic concept "live and let live", tell the court to tell them to move on;

8. Return the deposit (if given to you) and let them go;

9. They are not worth your time and ask them to take the deposit (if given) and withdraw the case.

As your query reveals you made an agreement to sale taking an advance as token to agreement. Other party without making subsequent payment filed suit against you getting injunction for against subsequent sale of property.

Remedy available to you is you should file an application under order 39 rule 4 of code of civil procedure for setting aside injunction granted by civil court.

Along with that you may file appropriate application for dismissal of suit depending upon state of suit.

You could have got the stay vacated at that time itself when it was granted by filing a petition under order XXXIX Rule 4. CPC.

What prevented you form initiating any action and what is the stage of the case now.

Even now you can file a petition to vacate the injunction order if it was made absolute.

However you may remember that you cannot sell the property during the pendency of any litigation against the property.