Stay order

Querist : Anonymous (Querist) 25 December 2011 This query is : Resolved
If plaintiff is asking for STAY ORDER (Mandatory Injunction), and Court is not giving STAY after 4 hearings date. Than,
1. Is it possible that Defendant can continue their work on which P is asking stay?
2. Under which clause of cpc this can be possible?

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prabhakar singh (Expert) 26 December 2011
When no injunction is granted,the defendant can go on but there is no clause or law specifically enacted to enshrine defenant with such a right.

Querist : Anonymous (Querist) 26 December 2011
Sir, can you suggest any CASE, so I can show to concern officer.

Sailesh Kumar Shah (Expert) 26 December 2011
For what purpose?

It is settled law that if No injunction is granted,you can go ahead.

Devajyoti Barman (Expert) 27 December 2011
If no restraint order is there then the acts in question can surely be continued if it is not otherwise unlawful.

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