We all are familiar with the word stay order in some way. A lot of us have heard about it either in movies or read about it in newspapers or general conversations, yet stay order remains an ambiguous and unexplained phenomenon at large. We have often heard the references of the stay order, mostly in case of property disputes. But the actual essence of it, what is the meaning of stay order and how does it work? How does one get stay order from court in Pakistan and what needs to be done to lift the stay order? Here we intend to facilitate you answering these and many such questions through this article today.
It is a legal term that means ‘the act of temporarily stopping judicial proceeding through the order of a court’. In other words, a stay order is an order by the court which suspends a case or a particular proceeding related to the case. This has a temporary effect. The stay order is generally issued to secure rights of a party in a specific situation. The stay can be in a civil or criminal proceeding. The court also, in the light of subsequent events, lifts the stay order issued to fulfill the property laws in Pakistan for possession and order consequences.
The stay orders are in general sense referred to disputes and matters related to property. So how does one go about getting a stay order? This is pretty simple, a stay order can either be
A temporary stay order or injunction on a property can be issued when in a suit by an affidavit it is proved that;
The court has the power to issue a stay order or temporary to avoid common frauds in Property market or injunction on the construction if any of the following points come to light by a person or body affected by the illegal construction or a complaint is filed via PIL.
Since the stay order is issued by the court, it needs to vacate by the same court or the higher court. It can be done with the help of a competent lawyer by proving that the above points do not hold ground and the construction is legal.
This endeavor was to explain the otherwise ambiguous term stay order. Now, it makes it clear that when and how and from where a stay order can be acquired.