Stay Order means that the order which has been stayed would not be operative from the date of the passing of the stay order and it does not mean that the said order has been wiped out of existence. Application can be moved to the appropriate court seeking restraint oder/Injunction against some act or omission.

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Stay Orders/Status Quo:

 

Stay Order means that the order which has been stayed would not be operative from the date of the passing of the stay order and it does not mean that the said order has been wiped out of existence. Stay of execution means to suspend the enforcement of a judgment or order until something else happens e.g. an appeal can be heard. Proceedings can also be stayed absolutely or conditionally. Every court has inherent powers to temporarily suspend the proceedings in any action where the Plaintiff is in default or has disobeyed any lawful order of the court.

Status Quo means the state of things at the time of issuance order remain the same till the order stands vacated or decided by a judgment.

Both these important aspects civil law are governed by following provisions:

Order XXXIX of CPC:  

1. Cases in which temporary injunction may be granted

 1Where in any suit it is proved by affidavit or otherwise-

 (a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or

 (b) that the defendant threatens, or intends, to remove or dispose of his property with a view to 2[defrauding] his creditors,

 3[(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,]

 the Court may be order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property3[or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit] as the Court thinks fit, until the disposal of the suit or until further orders.

 

 

 





 
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