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Quick Answer
Stay orders are sought to prevent irreversible harm pending substantive adjudication. Stay of execution under Order XLI Rule 5 CPC suspends execution of a decree pending appeal. Stay of operation of an order under Section 482 BNSS / Article 226 prevents the order's effect during writ-petition pendency. Stay of construction in property suits prevents alienation or further development. Stay is discretionary; courts apply the standard three-fold test (prima facie case, balance of convenience, irreparable injury). Conditions (security, undertaking) are routinely imposed.
Statutory reference
Order XLI Rule 5 CPC
Related practice areas
Court order temporarily suspending operation of a lower court's decree, an authority's action, or a particular activity. May be interim (during pendency) or absolute (final).
Stay Order is governed by Order XLI Rule 5 CPC. Stay orders are sought to prevent irreversible harm pending substantive adjudication. Stay of execution under Order XLI Rule 5 CPC suspends execution of a decree pending appeal. Stay of operation of an order under Section 482 BNSS / Article 226 prevents the order's effect during writ-petition pendency. Stay of construction in property suits prevents alienation or further development. Stay is discretionary; courts apply the standard three-fold test (prima facie case, balance of convenience, irreparable injury). Conditions (security, undertaking) are routinely imposed.
Stay Order falls under Civil Law. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — the first consultation is free.