What is a Stay Order and How to Get It from Court in India?
Stay Order in India: Meaning, Process, and How to Obtain It
A stay order is like a big "pause button" given by the court. When the court gives a stay order, it tells someone to stop doing something for a short time. It is used to stop damage, unfair action, or problems during a court case. This is done until the judge takes a final decision.
What happens after a stay order on property?
Sometimes, people fight over houses or land. One person may try to sell it, damage it, or build on it. In that case, the court can give a stay order to stop that person. This helps protect the property until the case is finished.
This kind of stay order is given under Order 39 of the Civil Procedure Code (CPC). The court gives a temporary injunction, which means no action can be taken on the property.
Stay Order on Land
In India, many people fight over land, especially in villages. When land is under dispute (meaning two or more people say it belongs to them), the court can give a stay order.
This stops anyone from:
• Farming on the land
• Selling the land
• Giving it to someone else
How to get a stay order on disputed property?
Online Stay Order
You can also apply for a stay order online. This works the same way as going to court, but you use the internet to file the documents. The process is the same — only the way you apply changes.
Documents Needed for a Stay Order
You must show the court the right documents to get a stay order. These include:
• ID Proof (Aadhar, PAN card, etc.)
• FIR copy (if there is police involvement)
• Property papers
• Court case details
• Any proof showing that you will face loss if the stay is not given
When Can You Ask for a Stay Order?
The court will only give a stay order if these 3 things are true:
1. You will suffer a big loss if the stay order is not given.
2. You asked quickly, without wasting time.
3. You are ready to follow the final court order, whatever it may be.
Where to File a Stay Order?
You can file a stay order in:
• District Court
• High Court
• Supreme Court (in very serious matters)
Under Section 482 of the Criminal Procedure Code (CrPC), the High Court can give a stay order to stop an arrest or police action. Any lower court can also ask the High Court for help under Order 21 Rule 26 of CPC.
Cost of Stay Order
The total cost of getting a stay order depends on the lawyer and the court. It can cost between 40,000 to 80,000, including lawyer fees and court charges.
What the Court Checks Before Giving a Stay Order
As per the Supreme Court judgement by Justice Deepak Gupta and Justice Aniruddha Bose, the court checks:
• Is there a strong reason (prima facie case)?
• Will the person face harm without the stay?
• Is it more fair and balanced to give the stay?
How much time it takes to get stay order from court?
The time to get a stay order from the court depends on the urgency and seriousness of the matter. In serious cases, you can get a stay order within an hour with the help of a good lawyer. However, in general matters, it can take anywhere between 2 to 4 weeks.
Time Limit for Stay Order
A stay order is not forever. It usually lasts for 6 months. After 6 months, the court must give a new order to continue it. This is to stop delays in the case.
This rule was made because if stay orders go on too long, they stop justice from happening. That’s why the Supreme Court said that justice delayed is justice denied.
Situations Where You Can Get a Stay Order
You can ask for a stay order in many types of court cases:
• Property disputes (Order 21 Rule 59)
• Company or firm cases (Order 30)
• Cases with a child involved (Order 32)
• When two people are fighting over who owns something (Order 35)
• Fast track money cases (Order 37)
• High Court references (Order 46)
What if the court denies the stay order?
If the lower court does not give you a stay order, you can go to a higher court and appeal. That higher court will again check your documents and reasons.
Benefits of a Stay Order
• Stops damage or loss
• Keeps things safe while the case is going on
• Gives time for both sides to be heard properly
• Stops illegal action
Problems with Stay Orders
• Can delay the case
• Can be used to block justice
• If misused, it becomes a tool to cheat or waste time
That’s why courts are now strict about the time limit.
Final Words
A stay order is very helpful when used in the right way. It gives a break in the court case to stop loss or damage. But it should not be misused to delay justice. The court checks everything carefully before giving the stay. Always take help from a good lawyer and file the correct papers. This will make your chances of getting a stay order much better.
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