All you need to know about getting a stay order from the court

A lot of us have heard about it either in movies or read about it in newspapers or general conversations, yet stay order remains an unexplained phenomenon at large. We have often heard the references of the stay order, mostly in case of property disputes. But what is the meaning of stay order and how does it work? How does one get the stay order and what needs to be done to lift the stay order? We attempt to answer these and many such questions through this article today.

Meaning of Stay Order

A stay order in legal term means ‘the act of temporarily stopping judicial proceeding through the order of a court.’ In other words, a stay order is an order by the court which suspends a case or a particular proceeding related to the case. This has a temporary effect. The stay order is generally issued to secure rights of a party in a specific situation. The stay can be in a civil or criminal proceeding. The court also, in the light of subsequent events, lifts the stay order issued.

How to get Stay Order

The stay orders are in general sense referred to property related disputes and matters. So how does one go about getting a stay order? A stay order can either be

1. Issued after hearing both the parties, which remains in existence until the time matter is resolved.
2. A temporary order issued without hearing the second party in which case one can lift the order by making an application through competent lawyer stating fact and plea as to why the stay order should be lifted.

A temporary stay order or injunction on a property can be issued when in a suit by an affidavit it is proved that;

1. The disputed property is in danger of being wasted, damaged or alienated by any party of the suit.
2. The disputed party may be wrongfully sold in execution of the decree.
3. The property may be disposed off by the defendant to defraud his creditors.
4. The defendant threatens to dispose or cause injury to the plaintiff about the disputed property.

Stay Order on construction

The court has the power to issue a stay order or temporary injunction on the construction if any of the following points come to light by a person or body affected by the illegal construction or a complaint is filed via PIL.

1. The construction is carried out illegally without an approved plan.
2. The construction is deviating from the approved plan.
3. The construction in any way endangers general public in the vicinity.
4. The construction in any way obstructs public utility.
5. The construction in any way obstructs public thoroughfare.

Since the stay order is issued by the court, it needs to vacate by the same court or the higher court. It can be done with the help of a competent lawyer by proving that the above points do not hold ground and the construction is legal.

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