• How to vacate stay from civil judge junior division

Today when I went to my land and started construction over there. A lady who lives in West side of land came to me and said me that she took stay in year 2017 (22 November) from civil judge junior division we didn't get any notice from court. Stay will be effective till 15/10/20 .We have proper paper of our property. Please tell me how to vacate stay? Please help. Please help. Please help. Please help me how to proceed further. Please give me solution???
Asked 5 years ago in Property Law
Religion: Hindu

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21 Answers

You need to again file application for vacation if stay after 6 months. As per SC judgement a stay can't continue for uncertain period. After 6 months reasons have to be recorded and uf necessary it has to be continued else vacated

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. you can apply for vacating the stay by filing an application in the concerned Court,

2. if you have proper papers of the property, the stay may get vacate,

3. do share copy of the stay order for a thorough discussion,

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. In the described circumstances, you have no other option but to file application for "Vacate Stay" before the local Civil Court, supported with your ownership documents & witnesses.  Do this thru a local experienced Property Lawyer.

2. Apprehensively it is a case of encroachment or adverse possession. Ask your local lawyer to procure the case papers in the matter and file application to vacate the stay and to prove your ownership of property.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Contact a local lawyer 

 

2) file intervenor application in trial court 

 

3) seek orders to vacate stay 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. The remedy is to challenge the order in the High Court.

2. Unless the stay is vacated the order will operate with full vigour.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

No worries. 

Please approach an Advocate and ask him to file notice of motion for vacating the stay order before the same court and same judge by serving the notice and copy of motion to the lady who has claimed stay upon your land.

After hearing both the parties, if your claim is established by documents held by you then court would vacate the stay and dismiss the suit of lady who has filed it against you.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Hi 

1) Since  a stay has been granted in your absence, it is called ad-interim injunction. You need to enter in to appearance in the civil judge court and file your written statement along with your side of evidence and also file a vacate stay petition under Order 39 Rule 4 CPC

2) In your prayer for vacate stay , You need to convince the court that 

a) You have a prima facie case of ownership of your property &

b) You have high probability of proving your ownership &

c) Balance of convenience is in your favour &

d) You will suffer heavy financial losses in cases stay is continued. 

e) That the present case is a frivolous case based on false claims.

 

3) Generally, courts upon weighing your evidence will vacate the stay and in your case, if you manage to vacate the stay then in all probability your litigation will also come to an end. Just ensure that you work closely with your lawyer and render best possible evidence at the time of vacate stay petition.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

You've two options for vacating the stay order:

 

1) You can file a Civil Misc. Appeal before Session Judge of same district court.

 

2) You can file a Writ Petition before Hon'ble High Court Allahabad.

 

Since District Court are not running well and it take much time to decide, you can approach High Court for prompt decision.

 

(Rate my answer)

Raj Kumar Mishra
Advocate, Allahabad
180 Answers
2 Consultations

How did this happen that you didn't even receive a notice! You should find out about the case pending in the city civil court by engaging a lawyer. Go through the documents filed and file a reply.

File an application for vacating the stay.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

First ascertain the facts of the existing stay order by the court of law. 

After that file a vakalatnama before court,  obtain copies of the petition and affidavit filed by them,  you file a counter denying their allegations and objections to their petition seeking stay order. 

Along with it you file another application seeking to vacate the subsisting stay order. 

Discuss with your advocate at length and proceed as suggested. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

From your query it's not clear whether you took information from court to verify the authenticity of her claim. 

If indeed there is an injunction order then it has to be seen under which basis the said order of injunction was passed. 

If you have a valid title then the order of injunction passed against you would be vacated. Before that you will have to be added as party to the suit. 

Therefore without knowing the nature of the suit its very difficult to advise further. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

File a caveat petition petition against the lady and get the stay revoked 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

- Since, the said stay order was granted to that lady without serving you proper notice , then this order can be set aside/cancelled , after moving an application before the court. 

- Further ,as you have already details of the said case, then you should move an application for setting aside stay order with condonation of delay before the court on the ground of service of the notice. 

- If that Junior Civil judge reject the application , then you can approach the District judge court against this stay order. 

- Dont worry , you have sufficient ground and proof for cancelling the passed order in 2017. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Hire an local advocate and find out in which civil court the case is pending.  What is the stage?  What is the case for?  When & How the stay is obtained?   Whether the stay is exparte or what?   After inspecting the court file, move ahead with the advise of the advocate and file the application for setting aside the stay.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

Dear sir, 

Firstly verify the claim of that lady by obtaining a copy of the order. 

If her claim is true, approach a local advocate with all the documents of your property and file an application for vacating the stay before the same court. 

The advocate would be able to help you out properly after a detailed discussion. 

Best wishes. 

 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

Did she show u stay order ? Stay was passed in 2017, after 6 months got automatically vacated. You can continue construction.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You need to go to a lawyer with the entire facts of the case, including a copy of the stay and the petition under which it was granted. If reasonable grounds can be made out as to why the stay should be vacated, it can be done.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

First of all get the certified copy of the order . There must be another suit related to this. Appoint a civil lawyer in your area to handle this.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Dear Sir,

You are suggested serve a legal notice to that lady asking to produce the documents including court order and after getting the documents challenge that order. The main work depends on the order of the work as to whether it is temporary stay or the permanent and on which basis the court has granted such order. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. You should ask that lady to provide you copy of stay order from court.

2. After getting copy of order file an application before court which granted stay on the property for vacation of stay.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that the stay order has been granted without even serving you an opportunity to hear, and who knows whether you are the party in the case or not.
  2. I would like tot apprise you that you need to move an application to set aside the stay order as per CPC.
  3. And if you are not the party in the case then you will have to move an application for impleadment as necessary party to the suit with an urgent prayer to set aside the stay order.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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