Dear Sir, you should appeal against the stay order in the supreme court. Your eviction suit must be decided on the issue on bonafide use and there are recent judgements of the supreme court stating that bonafide use needs to be seen compositely and courts rd finally supreme court is giving advantage to the landlord.
Execution stay
Execution stat given for 3 months subject dues clearance full hearing will be done. As per the stay due must have been paid in 3 equal installments. not a penny paid, now stay ind extended for 1 month subjected to payment. It means tenant can stay as long he or she wants. courts are promoting squatting legally What are the legal options now? If I appeal the stay how fast we can do in supreme court? our eviction suit for bonafide use, we are paying large sums to stay in the hotel. Judges seems to be fully compromised and sold the system now., can you suggest us the other options
Asked 5 years ago in Property Law
Religion: Other
27 Answers
what are the full documents required to appeal , how long it is going to take
Asked 5 years ago
1) You can bring the stay from HIGH court and that you want sell the flat or your parents want to live in that house on immediate basis it should be vacate the property at the earliest.
The recent stay order which shall be the imagined order in the supreme court and all the documents which are part of the eviction case before the high court.
As soon as you provide the documents stated above, it shall be processed soon and we shall prepare the appeal in a day or so.
For the question of buying house by someone, you need to immediately get the stay vacated, which shall also help you in fighting for your bonafide before the high court. The question of selling it to other comes up only after your bona fide need champions before the court.
There is no harm in waiting fir one month
2) if tenant fails to pay stay woukd be vacated
3) even if you file appeal it may take long time for its disposal
hearing and final disposal of appeal may take more than a year
Dear Client,
You can go in appeal or wait for one more month, still no payment made, court will order eviction. In eviction suits on the ground of default in paying rent, Tenant Can’t Be Evicted On The Ground Of Defaulting Rent Without Determination Of ‘Provisional Rent’ By Court.
You can file appeal in Supreme Court against the impugned order of the high court for vacation of stay.
Disposal of matter in the supreme court depends on the burden of the registry, but interim orders can be sought during the pendency of the appeal.
I would suggest to wait for a month, as getting orders of appeal from Supreme Court is going to take more than one month.
the stay is on execution of eviction order. No dues were payed the the tenant for last 4 years any court process is slow as good as death. are we saying house owners just die before they get the house?
Asked 5 years ago
I understand your concern. But the remedy that is available to you is to approach the supreme court pleading what is wrong in the high court and that too after the stay, we have good case before the supreme court to plead. Given the fact that the tenant has not been paying their dues.
Court would vacate stay if tenant fails to comply with court orders
court woukd not grant further stay
You can file a mandamus writ petition in the High Court in this regard to get the high court direction for the settlement of amount and eviction in case the high court orders has not been followed then we can go for contempt of court
Kindly go through below citation case it will be helpful to you.
Bombay High Court
Chandrakant Dhanu vs Sharmila Kapur on 7 January, 2009
Bench: Anoop V.Mohta
1. Since the order of stay was conditional , the violations or breach of it amounts to automatic vacating of the stay order.
2. Since the order of stay is vacated already , the decree holder is now free to put the decree in execution.
3. S proceed with your execution case .
Sir
It is advisable to kindly wait for a month, rather than approaching the supreme court, As the court has already granted him enough time, now it will not grant any further time and will order pass the eviction order.
You need to file all the documents which were filed in the High Court and impugned order. no new documents can be filed.
I would also advice you to kindly consult a lawyer and show him the order before filing any appeal, as it could further delay your matter.
Appeal against the order will have to be filed in HC if the stay has been granted by the execution court.
If stay has been granted by the HC then you may approach the SC.
The strength of the case can only be told after seeing the complete documents.
Regards
The file of the lower court also known as lower court record.
The order of the lower court and the stay order and the petition that has been filed by the other party to obtain stay
I understand the thing that you are facing due to the slow court procedure.
Share the entire documents with an advocate so that a concrete advise can be rendered.
Regards
You can file a petition to vacate stay on the grounds you may rely upon.
Further there's nothing alarming in it especially when the stay order has been passed with conditions imposed thereon.
Don't be impatient and lose your relief, just wait till then.
You should obtain certified copy of judgment or orders and then you may prefer the proposed appeal.
The stay has been granted only for4 months hence you may wait for the vacation of the stay order.
It was a conditional stay order passed by the court
The execution proceeding was stayed for 3 months subject to tenant depositing or paying his dues
As tenant did not pay, the execution proceeding revive
Would like to see the exact wording of the stay order
Where is the property and are you represented by a good lawyer?
1. You are making intemperate remarks against the judges. What the court has done is not unusual. Usually execution is stayed in an eviction suit and time period once granted is also extended if the applicant is able to show his bone fides.
2. Since the court has extended the stay for a month the remedy in your hands is to apply to the court to vacate the stay order if the order if payment of dues is again not complied with by the tenant.
3. Going to the Supreme Court will be an exercise in futility as SC does not intervene at this stage.
you will get the mesne profits of all expenses incurred by you. In execution to get stay the defendants has to deposit the amount in court. you can challenge the said stay in appellate court.
1. Ordinarily the tenancy Act in our country is tenant oriented.
2. Judiciari is not compromised. It shall have to function within the parameter of the Act.
3. You should now wait for the marginal period allowed by the Court for making the payment since the non payment by the teannt will be added ground for you to file an appeal before the higher Court against the adverse order passed by the present court thereafter, if any.
1. The certified copy of the order passed by the Court lower, the application filed by you, the reply of tyhe oposite side and the other relevant order copies will be ordinarily required to file the appeal.
2. The time to0 be taken for disposing the case by the higher Court can ot be foretold since it depends on varioud factors.
1. Wait for the next date of hearing for vacating the stay order.
2. Eviction suit ordinarily takes the longest time to be disposed of.
The best you can do this ask your advocate to expedite the matter in Supreme Court for best results.