WHAT IS THE PROCEDURE TO OBTAIN A STAY ORDER ?

The procedure to obtain a stay order in India involves approaching a competent court to temporarily restrain the other party from taking certain actions until the final decision in the matter is reached. A stay order is typically sought in civil, criminal, or administrative matters to maintain status quo.

Step-by-Step Procedure to Get a Stay Order:

1. Hire a Lawyer

1. Engage a lawyer who specializes in the type of case (civil, property, matrimonial, criminal, etc.)
2. Discuss your matter and collect relevant documents.

2. Draft an Application for Stay

1. A stay application is filed along with the main suit or as an interim relief under:
   1. Order XXXIX Rules 1 and 2 of CPC for civil matters (injunction)
   1. Section 528 of BNSS for criminal proceedings
   1. Writ Petition under Article 226 (High Court) in case of administrative or government action
2. Include:
   1. Facts of the case
   1. Urgency and harm if stay is not granted
   1. Prima facie case and balance of convenience

 3. File the Petition/Suit in Appropriate Court

1. Based on jurisdiction:
   1. Civil Court (e.g., for property disputes, injunctions)
   1. High Court (writs, appeals, revision, etc.)
   1. Supreme Court (special leave petitions or appeals)
2. Submit documents like sale deed, agreement, FIR, notices, etc.

 4. Court Hearing

1. The court may grant:
   1. Ex-parte stay (without hearing the other side) in urgent cases
   1. Or issue notice to the opposite party
2. The judge assesses:
   1. Urgency
   1. Irreparable injury
   1. Whether the petitioner has a strong case

5. Stay Order Granted or Denied

1. If satisfied, the court passes a stay order, which may:
   1. Stop demolition
   1. Halt property transfer
   1. Stay further criminal proceedings
   1. Stop execution of a decree, etc.
2. If denied, you can appeal to a higher court.

Documents Required

1. Affidavit supporting the application
2. Main suit/petition copy
3. Identity proof
4. Relevant documents (e.g., sale deed, FIR, notices

Key Legal Provisions