let me know....!
Querist :
Anonymous
(Querist) 13 December 2011
This query is : Resolved
I HAVE A QUESTION FOR LEARNED LAWYERS, A CIVIL CASE IS GOING BETWEEN ME AND MY SISTER THE LOWER COURT REFUSED TO STAY THE PROPERTY IN QUESTION,AND IS CARRYING OUT THE FURTHER HEARING ,MEANWHILE MY SISTER HAVE APPROACHED THE HIGH COURT TO FILED A WRIT PETITION FOR RELIEF IN THIS REGARD,NOW , MY QUESTION IS
1) CAN HIGH COURT PASS STAY ORDER OVER THE DECISION OF THE LOWER COURT STRAIGHT AWAY WITHOUT LISTENING TO THE OTHER PARTY.
2) IF HIGH COURT PASSES STAY ORDERS IS THERE ANY TIME LIMIT FOR THE STAY ORDER IN WHICH STAY ORDER IS APPLICABLE AND IT GETS VACATED AUTOMATICALLY AFTER THAT TIME PERIOD. KINDLY LET ME KNOW.WHAT ARE EFFECTIVE REMEDIES AVAILABLE FOR ME TO AVOID STAY ORDER BY HIGH COURT? the property in question was agricultural land in rajasthan state which was acquired by the state goverment and 25% of the acquired land is to be given in compensation by goverment of rajasthan,for which goverment is ready,now my sister has moved to high court for fileing writ petetion, against lower court which refused to make govermenta party under tecnical grounds and well under provisions,now my sister wants high court to pass a stay order to the goverment of rajasthan that they should not give me compensation till the matter is not resolved. i have already submitted an affidavit that was required` by the goverment that in case after gettting my compensation land if later it is decided that the sister has a share then i'll be responsible to compensate her and all the liabilities will be mine and not with goverment authorities,after submitting this affidavit govt is about to give me the paata for th`e` land in compensation. is there any probablity of the high court granting the stay order to goverment for not compensateing me.
Devajyoti Barman
(Expert) 13 December 2011
1. Yes unless Caveat was filed by the other party.
2. Though initially it is given for a limited time, it can be extended from time ti time on the prayer of the applicant.
However at the time of final hearing if the high court finds no merit in the petition the stay may be vacated.
Advocate. Arunagiri
(Expert) 13 December 2011
If the case is pending in the court, the high court will not entertain this case.
Property disputes between the individuals will not come under writ jurisdiction. So, dont worry High Court will not pass any orders against you.
VENKATESH HEGDE
(Expert) 13 December 2011
Agree with Mr. Arunagiri.. If they are filed the WP before the highcourt also it will not stand. High court will dismiss the case.in property matters between the individuals, the civil judge have the authority to decide the case on merit . if civil judge think that interim stay is not necessary, unless until grievances of the merit of the case the high court judge also not passed any order when the case is still pending before the lower court.
Raj Kumar Makkad
(Expert) 13 December 2011
As the property matter is sub-judice before lower court and writ has been filed against State of Rajasthan only seeking the direction not to disburse the LAC to the brother of petitioner until the decision of the civil suit.
The prayer of writ is legal and justified. High Court can accept writ or may direct to obtain understanding from you to disburse proportionate benefits with interest to your sister if the civil suit is decided accordingly in favour of your sister.
As you have already undertaken so high court believing upon your undertaking can dispose off the writ.
prabhakar singh
(Expert) 14 December 2011
i agree with Expert : raj kumar makkad
