Question on stay orders?

What is your case?

Whether you are going to fight the case yourself or through a lawyer?

Injunctions are of three types as i said before - temporary, permanent, mandatory. 'Stay' is the term used by layman to describe the order which directs the other party to restrain from interference with the property in question. Hence, a 'stay' refers to either temporary or permanent injunction based on the words used in the injunction order.

Temporary and permanent injunctions take the meaning of stay. Where as the third type i.e., mandatory injunction specifically means the other party shall perform the act instead of restricting him from interfering. So, this type of injunction does not refer to stay.

An order of Injunction is as much as prohibitory as  Stay order .The main difference b/w them is that an order of Injunction is passed against the party where as Stay order is addressed to the Court. As soon as court has knowledge of stay order, it must stay its power and any matter which had entertain after the stay order are illegal as well as ultra vires

Regards,
Siddharth Jain,
Advocate,
Delhi High Court
M- +91 7709690578

hi,

i want to file my case in person for the appeal.

so need some opinions. if stay is not that is easy to get, and gets decided immediately and early while the appeal is pending and if it is the appeal that really takes long years to dispose, why is that we still have long list of partition suit cases where the plaintiff/decree holder is waiting to get his share of the property. someting doenst seem to equate here correctly.

so, in a partition suit, 1)plaint vs defendnat -->preliminary decree->final decree--> defndant files appeal/stay-->stay rejected/appeal pending .Is execution petition allowed in the above scenario? 2)plaint vs defendnat -->preliminary decree->final decree--> defndant files appeal/stay-->stay allowed/appeal pending and so if stay is allowed, how long does it take for plaintiff /decree holder to get the stay vacated as a counter rest part let appeal can run for years.

I am only trying to understand why do a decree holder was put through in waiting pain to get his share just because a appeal is pending.

Are you an advocate?

Injunction is given by  the First Court.    Stay is given by a Court above, not necessarily High Court.     Review and Appeal are possible.       Revision is possible if Appeal is not maintainable.