Stay vacation Stay vacation

6 months ago

How to vacate a stay in case of submission of statement of facts prnding

Legal Counsel Vidhikarya

Responded 6 months ago

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A.Dear Client,
A 'stay order' is defined as the act of temporarily stopping or postponing any judicial proceeding through the court or legal authorities in order to secure the rights of a citizen. The trial Court where an order of stay of civil or criminal proceedings is produced may fix a date not beyond six months of the order of stay so that on expiry of the period of stay, proceedings can commence unless an order of extension of stay is produced. To remove a stay order you need to contest the claim in court immediately or take the risk of losing your control, possession, hold, interests, and eventually, your title to the property. If the Stay was ordered by a lower court, then HC could vacate the stay on appeal, Find a good lawyer, get your documentation ready, and file your affidavit in defense without further delay. In March 2018, the Supreme Court had directed that where a stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months unless in an exceptional case by a speaking order such stay is extended.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 6 months ago

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A.Dear Client
Draft a formal motion or application to the court requesting the vacation of the stay. Provide valid and compelling reasons for why the stay should be lifted. This may include demonstrating a change in circumstances, new evidence, or other legal justifications and File the motion to vacate the stay with the court where the case is being heard. Ensure that all necessary documentation and evidence supporting your motion are included.
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