Application for stay
B Singh
(Querist) 25 January 2013
This query is : Resolved
Case filed for possession & partition for joint property house inherited from parents. Stay application was also attached that entry in house may be allowed as one room was occupied by me which is now in possession of my brothers. Court did not accept stay application on grounds that no residences documents attached as told by advocate. Although I have all documents like ration card, passport etc. showing my address with this house. Can I now attached the documents and file stay application before the court to accept my stay application and if court does not accept my stay application than can I approach higher court. Please advice
Adv.R.P.Chugh
(Expert) 25 January 2013
A refusal to grant injunction is an appealable order. File an appeal against the order. If the Civil Judge has refused only because of lack of documentary proof it would be granted by higher court in all probability.
prabhakar singh
(Expert) 25 January 2013
rightly advised.Move a fresh application with kind of proofs you have,in case of refusal file an appeal.
