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How to Get Stay Order From Court in Pakistan

How to Get Stay Order From Court in Pakistan

 

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.

Meaning of Stay Order

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.

 

How to get Stay Order From Court

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

  1. Issued after hearing both the parties, which remains in existence until the time matter is resolved.
  2. A temporary order issued without hearing the second party in which case one can lift the order by making an application through competent lawyer stating fact and plea as to why the stay order should be lifted.

A temporary stay order or injunction on a property can be issued when in a suit by an affidavit it is proved that;

  1. The disputed property is in danger of being wasted, damaged or alienated by any party of the suit.
  2. The disputed party may be wrongfully sold in execution of the decree.
  3. The property may be disposed off by the defendant to defraud his creditors.
  4. The defendant threatens to dispose or cause injury to the plaintiff about the disputed property.

Stay Order on construction

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.

  1. The construction is carried out illegally without an approved plan.
  2. The construction is deviating from the approved plan.
  3. The construction in any way endangers general public in the vicinity.
  4. The construction in any way obstructs public utility.
  5. The construction in any way obstructs public thoroughfare.

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.

 

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