You can get the stay vacated from the same Court depending on the merits of the case, however with out knowing the details of the case we cannot make any conclusive comments
Illegal possession on property
My father bought a property around 14 years ago from the owner but tenant have the possession at that time. So, we filed a case and won the case in City Court as well as High court 6 years ago . We have all the correct documents but tenant still have the possession and always issue a stay order on our every action. We are still fighting for possession. Kindly advise.
Asked 5 years ago in Property Law
Religion: Hindu
11 Answers
If there is any stay order passed you cannot regain possession of your house
2) you have to wait till stay order is vacated
Sir since you won the case and in case there is no stay from the supreme court or high court then in that case file for the execution of the order to get the possession of property. As for possession there is only civil remedy so you can press your case before the court and pass an appropriate order.
Hello
The rent control act must be applicable in your case. You must have won from the hc. You should show the order to the police and authorities and if they do not respond then file a contempt in the hc against them.
Regards
Why is getting stay order unnecessarily?
Have you filed an execution petition to execute the court order, to evict the tenant.
What is stage and status of case?
What's your lawyer's opinion on this.
Without knowing any details it would not be proper to give any opinion.
Actually when this all dispute started government sealed the property to protect it but his shop is still going on outside the sealed gate to have the possession. As we have won from both Local Court and high court, there is permission left to Open the seal and get the legal possession and he always success to get a hold on this. Our lawyer always suggest we only have to prepare a file and get a District magistrate signature on it.But because of these stay orders he is also unable to do anything . We are cornered and don't know what to do.. Please suggest
Asked 5 years ago
When stay order is passed you cannot forcible dispossess your tenant
1. Did your father not file the execution petition to execute the order of eviction?
2. Even if the property has been sealed by the government it did not preclude your father from filing the execution petition. The seal could have been opened by filing an application before the District Magistrate, and if he did not allow it to be opened then appropriate relief could have been sought from the civil court or High Court.
3. File the execution petition.
Sir give an application before the District Magistrate to open the seal and at the same time execution can be filed the seal on property doesn't bar you from filing execution petition
This is my response to you:
1. If the tenant is getting the stay order then you have to approach the supreme court as method of last resort;
2. If the tenant still refuses then take help of police and take legal action;
3. Ask the police to vacate the premises and use force if necessary.
If he has obtained stay order then yo have to file a counter to it and get the stay vacated
You cannot file an execution petition during the stay order.
You may be in touch with your advocate in this regard and proceed as per the necessity.
you should file a petition in the HC for speedy disposal of this case and a free and fair investigation.
regards