ABOUT STAY ORDER

chetan (Querist) 29 April 2011 This query is : Resolved
SIR I HAVE PROPERTY WHICH IS UNDER DISPUTE,
THE COURT HAVE GIVEN STAY ORDER NOT TO SELL THE PROPERTY WITHOUT PERMISSION OF THE COURT,
I WANT TO KNOW WHETHER WE CAN RE-CONSTRUCT COMPOUND WALL AND MAIN GATE??

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Guest (Expert) 29 April 2011
Depends upon the wording of the stay order. What is the wording of the order?

R.Ramachandran (Expert) 29 April 2011
If the Court has asked you not to sell the property, you cannot sell.
Similarly, if the Court has directed you not to re-construct compound wall and main gate, then you cannot re-construct compound wall or the main gate.
If the court has ordered you to maintain status-quo, then also you cannot re-construct the compound wall and main gate. As a party to the case, you definitely know, what the court has ordered. So, do according to the court order.

Devajyoti Barman (Expert) 29 April 2011
It appears you can as the injunction is as regards not to sell of during the trial of the case but not to make any structural changes like repairmen.

Kiran Kumar (Expert) 29 April 2011
go by the words contained in the stay order.

if the court has just stayed the alienation of the property in any manner then you may do the necessary repairs.

if simultaneously expression status quo has been used then dont reconstruct the structure.

in case of any ambiguity move a necessary application before the court.

M/s. Y-not legal services (Expert) 29 April 2011
yes.. go through the stay order.. i think in this circumstances the court will pass a comman order that not to be changes in the physical structure of the suit property..