how to get remedies against stay of property against suit Property.

[Amit kumar]

what is the remedies against stay of property against suit property. which is only shown in jointly property in Suit.but it is the separate owner for 1/4 portion of property.

[Dr. Ashok Dhamija]

Your question is not very clear, but what I could understand is that you want to know the remedy against a stay order in a civil suit.

In this regard, I may point out that Order 39 Rule 4 of Civil Procedure Code provides that any order for an injunction may be discharged, or varied, or set aside by the Court, on application made thereto by any party dissatisfied with such order. You may try that in accordance with the above provisions and as per its conditions.

Further, Order 43 Rule 1 provides that an appeal under Section 104 of CPC may be filed against an order under Rule 1, Rule 2, Rule 2-A, Rule 4 or Rule 10 of Order XXXIX, which relate to any such stay order, etc., or for refusal to discharge, vary or set aside such stay order, etc.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Amit kumar]

in case of stay of property …will rent of opposite party be deposited in court.?if there is factory also.?

[Amit kumar]

Sir I have joint property 1 part 450 Sq yard and 2 nd 110 sq yard .this is opposite of each other.450 sq yard is competed over 3 floor ,but 110 sq yard is now starting.the 450 sq yard property is taking action of stay of property for not completing property. 450 sq yard is taking rent from tenant around 250000 rs per month but 110 sq yard there is no Rental income. in such case of stay of property whether rent of 450 sq yard will deposited into the court or not ? i am from 2nd property 110 sq yards.

[Dr. Ashok Dhamija]

It is very difficult to reply to a question on facts, without actually seeing the detailed documents. But, in general, it depends on the type of the stay order issued by the court and in appropriate cases, the court can pass order with regard to rent received as a part of the stay order.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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