Looking for help with stay application across India? This page explains how such matters work, which court or authority decides them, the documents to keep ready and what to do first. Advocate B.K. Singh and the Legals365 team work from Delhi NCR and handle matters in other cities through associate counsel and video hearings.
In short. A stay application asks the forum hearing your appeal, revision, writ or case to suspend the order or action you are challenging until it decides. Filing an appeal does not by itself stop a decree or order. You must show a serious challenge, real loss if the order is carried out, no delay, and usually offer security or a deposit where the law requires it.
People often assume that once an appeal is filed, the order under challenge is on hold. It is not. A decree for possession can be executed, a mutation can be entered, an auction can proceed and a demolition can go ahead while the appeal sits on the file, unless the appellate forum passes a stay. The stay application is the document that asks for that suspension, and in many property disputes it matters more in the short run than the appeal itself.
This page explains how stay applications work in property matters: the provisions that allow a stay in civil courts, tribunals and authorities, the tests and conditions such as deposit and security, how to draft and present the application, and how the answer differs when the order comes from a civil court, a revenue officer, a bank, RERA, a consumer commission, an arbitral tribunal or a municipal body. It complements our page on interim relief applications, which deals with protection in a fresh case; a stay application is about freezing an order or proceeding that already exists.
- Law
- CPC section 10, Order 21 rules 26 and 29, Order 41 rules 5 and 6, section 151; Articles 226, 227 and 136 of the Constitution; Arbitration Act s.36; RDB Act and SARFAESI Act; RERA s.43(5); Consumer Protection Act 2019 ss.41 and 51; state revenue and municipal laws
- Forum
- The court, tribunal or authority hearing the appeal, revision, writ or main case; in some cases the court that passed the order (for example the executing court under Order 21 rule 26)
- Time limit
- File with the appeal or as soon as the threat arises; first appeals within 30 days to a district court and 90 days to the High Court; revisions 90 days; RERA appeals 60 days; consumer appeals 45 or 30 days; SARFAESI appeals to DRAT 30 days; SLPs 90 days
- Conditions
- Prima facie case, substantial or irreparable loss, no unreasonable delay; security or deposit where a statute or the court requires it (for example 50% in consumer appeals, pre-deposit before DRAT, the full amount for a promoter before the RERA Appellate Tribunal)
- Documents
- Certified copy of the order challenged, the appeal or petition, affidavit, proof of urgency (execution notice, auction notice, demolition notice), proof of deposit, earlier orders
What a stay application is and what it is not
A stay application is a request to suspend the operation of an order, the execution of a decree, or the continuation of a proceeding until the forum decides the main challenge. It is always attached to something: an appeal, a revision, a writ petition, an objection in execution, an application to set aside an ex parte decree, a challenge to an arbitral award, or a statutory appeal against an authority's order. On its own it has no life; if the main challenge is dismissed, the stay ends with it.
It differs from a temporary injunction in a fresh suit. An injunction restrains a party from doing something, for example dispossessing you or selling the property. A stay suspends an existing order, so the question becomes whether the order should be kept in abeyance while it is tested. The tests overlap, but statutes attach their own conditions to stays, especially deposit and security, which an injunction in a new suit does not have.
The main provisions that allow a stay
Order 41 rule 5, CPC
An appeal does not operate as a stay of proceedings under the decree, but the appellate court may order a stay for sufficient cause. Before staying execution, the court must be satisfied that substantial loss may result, that the application was made without unreasonable delay, and that security has been given for due performance of the decree. The court can order an ex parte stay pending the hearing.
Order 21 rules 26 and 29, CPC
The executing court can stay execution for a reasonable time so that the judgment debtor can apply to the appellate court for a stay (rule 26), usually on security. Where a suit by the judgment debtor against the decree holder is pending, the court can stay execution until that suit is decided (rule 29).
Section 10 and section 151, CPC
Section 10 requires a court to stay the trial of a later suit where the matter directly and substantially in issue is already pending in an earlier suit between the same parties. Section 151 preserves the court's inherent power to make orders needed for the ends of justice, which is used for stays in situations the Code does not expressly cover.
Articles 226, 227 and 136, Constitution
The High Court can stay the order of any authority or tribunal within its territory while hearing a writ or supervisory petition. The Supreme Court, while considering a special leave petition, can stay the High Court's judgment, usually when it issues notice.
Section 36, Arbitration and Conciliation Act 1996
Filing a challenge under section 34 does not automatically stay an award. A separate application is needed, and the court can grant a stay on conditions; for money awards it follows the CPC principles for staying money decrees, which usually means deposit or security.
Statutory appeals with deposit conditions
An appeal to DRAT against a DRT order on a recovery claim needs a pre-deposit of 75% of the amount, reducible to 25%, and a SARFAESI appeal needs 50%, also reducible to 25%. A promoter appealing to the RERA Appellate Tribunal must deposit the amount ordered (section 43(5)). A consumer appeal to the State Commission needs 50% of the amount ordered (section 41), and a further appeal to the NCDRC has a similar condition.
The tests for a stay
Most forums ask the same questions, in different words. Is the challenge serious, meaning is there an arguable error of law or fact, a jurisdictional defect or a breach of natural justice? Will carrying out the order cause substantial or irreparable loss that cannot easily be reversed if the appeal succeeds? Has the applicant come quickly? Where does the balance of convenience lie between the parties?
Property orders are a good fit for stays because their effects are often hard to reverse. Once a house is demolished, a property auctioned to a third party or possession handed over and the property resold, a later win in appeal may be hollow. Money decrees are different: courts reason that money can be repaid with interest, so they usually stay a money decree only on deposit or security. When Advocate B.K. Singh prepares a stay application, he asks one question first: what exactly will happen on the ground if no stay is granted, and when? A precise answer, backed by the execution notice, auction date or demolition notice, does more than pages of argument about merits.
Where to file a stay application, by the order you are challenging
| Order or action | Where to seek the stay | Common condition |
|---|---|---|
| Civil court decree for possession, injunction or money | Appellate court under Order 41 rule 5; short stay from executing court under Order 21 rule 26 | Security or deposit for money decrees; undertaking not to alienate |
| Interim order of a civil court (Order 39, Order 40) | Appellate court in an appeal under Order 43 rule 1 | Prompt filing; certified or uncertified copy as the court allows |
| Ex parte decree | Trial court with an Order 9 rule 13 application and stay request; or appellate court | Explain absence; deposit sometimes ordered |
| Revenue court or mutation order | Appellate or revisional revenue authority under the state law | Copy of order; limitation under the state law |
| DRT order or SARFAESI measure | DRT on a section 17 application; DRAT in appeal | Pre-deposit in appeal; part payment often ordered |
| RERA authority order | RERA Appellate Tribunal | Promoter must deposit the amount ordered |
| Consumer commission order | State Commission or NCDRC in appeal or revision | 50% deposit in appeal |
| Arbitral award | Court hearing the section 34 challenge | Deposit or security for money awards |
| Municipal or development authority order (demolition, sealing, stop work) | Statutory appellate tribunal or authority; High Court writ in exceptional cases | Appeal within the statutory period |
| High Court judgment | Supreme Court with a special leave petition | Notice usually issued before stay |
How a stay application is prepared and argued
Get the order and the deadline
Apply for a certified copy of the order at once, and note the limitation for the appeal or revision. Many forums accept an uncertified copy with an exemption application in urgent cases. Write down the date by which the order will be carried out.
Choose the forum
Check whether the statute provides an appeal or revision, and to whom. A writ is not a substitute for an available statutory appeal unless the order is without jurisdiction or in breach of natural justice. The stay must be sought from the forum that has the main challenge.
Draft the main challenge
The appeal or petition sets out the grounds of challenge in a numbered, concise form. Weak grounds dilute strong ones; three clear errors are better than twenty generic objections.
Draft the stay application
The application, supported by an affidavit, explains the urgency, the loss that would follow, why it would be irreversible, and what terms the applicant offers, such as security, deposit or an undertaking not to sell or alter the property. Attach the execution, auction or demolition notice.
Arrange the deposit or security
Where the statute requires a pre-deposit, the appeal may not even be entertained without it, so arrange the funds or a bank draft before filing. Where the court has discretion, offer realistic security; an applicant who offers nothing usually gets nothing.
Mention for urgent listing
If the order may be carried out within days, mention the matter for urgent listing, and serve an advance copy on the other side where the forum's practice requires it. On the first date, ask for an interim stay till the next date if the full hearing cannot take place.
Comply and follow up
Communicate the stay order to the executing court, authority, bank or Sub-Registrar as relevant, and keep proof. Watch the conditions: a stay granted on deposit within two weeks lapses if the deposit is not made.
Stay of execution of a civil decree
A decree for possession, for injunction or for money can be executed as soon as it is passed, and the decree holder will often file execution quickly. The judgment debtor who wants to appeal should file the appeal with a stay application under Order 41 rule 5 without waiting for the last day of limitation. If the appeal cannot be filed immediately, for example because the certified copy is awaited, the executing court can be asked to stay execution for a reasonable time under Order 21 rule 26 on security.
For a possession decree, appellate courts commonly stay dispossession on terms: an undertaking not to create third-party rights, not to alter the structure, and to pay use and occupation charges into court. For a money decree, a deposit of the whole or part of the amount, or a bank guarantee, is the usual price of a stay. Our page on execution of decree explains the other side of this process.
Stay of a suit, and stay of proceedings in a lower court
Section 10 CPC requires the later of two suits between the same parties on the same matter in issue to be stayed. Property disputes often produce parallel suits: one brother files for partition, the other for declaration and injunction over the same house. A section 10 application brings order to that. It does not dismiss the later suit; it only pauses its trial.
Higher courts can also stay proceedings in a lower court while hearing a revision or a transfer application, but they do this sparingly, because stopping a trial delays everyone. A stay of trial is most often granted where the challenge goes to jurisdiction, for example a civil suit filed where the civil court is barred, or a trial proceeding despite a binding arbitration clause.
Stay against revenue orders and mutation
Mutation orders by the Tehsildar, partition orders by revenue courts and orders on boundary or demarcation can be appealed or revised under the UP Revenue Code 2006, the Delhi Land Revenue Act 1954 and Delhi Land Reforms Act 1954, or the Haryana land revenue law. The appellate or revisional authority can stay the order. Mutation entries are fiscal records and do not by themselves decide title, so authorities are sometimes reluctant to stay them; a stay is more readily granted where the mutation is being used to sell or mortgage the land.
Where a title suit is pending in the civil court, the party can also ask the Tehsildar to keep mutation proceedings in abeyance, or to record the pendency of the suit. Revenue officers usually respect a civil court's injunction restraining alienation once it is placed before them. See mutation assistance for the process itself.
Stay against banks: DRT and DRAT
A borrower or guarantor facing SARFAESI action applies to the DRT under section 17 within 45 days of the measure and asks for a stay of possession or sale in the same application. The DRT often grants a stay on terms, such as payment of part of the dues within a fixed time. If the DRT refuses or passes an adverse order, the appeal goes to DRAT within 30 days with the pre-deposit, and the stay application is filed with it. See our pages on stopping a bank auction and DRAT appeals and pre-deposit.
Civil courts cannot stay SARFAESI action because of section 34 of the Act, and the High Court is reluctant to entertain writs where the DRT remedy is available. A stay application in the wrong forum is not only refused; it uses up days within the 45-day period.
Stay before RERA, the RERA Appellate Tribunal and consumer commissions
A RERA authority can pass interim orders under section 36 while a complaint is pending, and its final orders are appealed to the RERA Appellate Tribunal within 60 days. A promoter appealing an order to pay refund or interest must first deposit the amount ordered under section 43(5), and only then can the tribunal take up the appeal and the stay. Allottees who appeal do not face that deposit. See RERA complaints and appeals.
In consumer cases, an appeal from the District Commission to the State Commission must be filed within 45 days with a deposit of 50% of the amount ordered, and the stay of the remaining amount is then sought. Appeals and revisions to the NCDRC have their own conditions. Execution of consumer orders is now done by the commission itself, and an appeal without a stay leaves the order enforceable.
Stay of arbitral awards and interim orders in arbitration
Since the 2015 amendment, filing a challenge under section 34 does not automatically stop the award from being enforced. The party challenging must file a separate application under section 36(2), and the court can stay the award on conditions recorded in writing. For awards directing payment of money, courts follow the CPC approach and usually require deposit of the awarded amount or security. Where an award directs transfer or possession of property, the court looks at whether the transfer could be reversed. See arbitration for the wider process.
Stay against authorities: demolition, sealing and other notices
Orders of municipal and development authorities, such as demolition, sealing and stop work orders, usually carry a statutory appeal: to the Appellate Tribunal MCD in Delhi under the Delhi Municipal Corporation Act, to the Chairman of the development authority in UP, and to the appellate officers named in Haryana's laws. The appellate body can stay the order, and that is the first place to go. The High Court under Article 226 steps in where the authority acted without notice, without a hearing or beyond its powers. See our page on demolition notice response.
The same structure, an appeal or original application with a stay request, is used in specialised tribunals such as the Central Administrative Tribunal for service matters, though the conditions there are set by the Administrative Tribunals Act.
Stays in the High Court and the Supreme Court
The High Court grants stays in writ petitions, civil revisions, first and second appeals and petitions under Article 227 against orders of subordinate courts and tribunals. Interim stays are usually granted till the next date and then confirmed or vacated after the other side files its reply. A Constitution Bench of the Supreme Court held in 2024 that interim stay orders do not lapse automatically after six months, while asking courts to decide stayed matters promptly. See cases in the Delhi High Court.
In the Supreme Court, a special leave petition against a High Court judgment must be filed within 90 days, through an Advocate-on-Record. A stay is usually considered when the court issues notice, and may be granted on terms. See Supreme Court cases.
Where stay applications are heard in Delhi, Noida, Ghaziabad and Gurugram
In Delhi, civil appeals against Civil Judges go to the District Judge in the district court complex where the case was decided, such as Tis Hazari, Saket, Karkardooma, Rohini, Dwarka or Patiala House, and higher-value appeals and revisions go to the Delhi High Court. DRT and DRAT benches for Delhi sit in the city, the Delhi RERA authority and its appellate tribunal hear real estate matters, and the Appellate Tribunal MCD hears appeals against municipal orders. Revenue appeals go up the chain from the SDM and Deputy Commissioner of the district to the Financial Commissioner.
For Noida and Greater Noida, civil appeals are heard at the district court in Surajpur, and for Ghaziabad at the Ghaziabad district court, with the Allahabad High Court above them. UP RERA and its appellate tribunal, the DRT benches with jurisdiction over western UP, and the revenue courts under the UP Revenue Code complete the picture. Gurugram matters go to the Gurugram district courts, Haryana RERA at Gurugram, and the Punjab and Haryana High Court at Chandigarh. Check the bench and its listing practice before the deadline, since urgent mentioning rules differ from court to court.
How the answer changes by property type and party
For a home, a flat or a builder floor occupied by the family, the loss from carrying out a possession or demolition order is plainly irreversible, and courts readily stay such orders on terms. For a shop, warehouse, industrial shed or other business property, the court weighs business loss against the other side's claim, and may ask for occupation charges or a deposit. For agricultural land, stays often turn on whether crops are standing and who has been cultivating. For vacant land, the main risk is sale or construction, so a stay usually takes the form of a restraint on alienation and construction.
A bank or NBFC seeking a stay of a DRT order against it, or a builder seeking a stay of a RERA order, faces deposit conditions that individuals in other forums do not. An NRI or company usually files through an authorised representative and must make sure the affidavit is sworn properly, abroad if necessary, so the filing is not delayed. A senior citizen or a person facing loss of the only home should say so plainly in the application; it goes to irreparable harm and to the balance of convenience.
Why stay applications fail
- Filed late. An applicant who files on the last day of limitation, after execution has begun, struggles to show urgency.
- Wrong forum. A civil court cannot stay SARFAESI action, and a writ is not a shortcut around a statutory appeal.
- No deposit or security offered. For money decrees and statutory appeals, the absence of a deposit is often decisive.
- Generic grounds. Applications that repeat every possible objection without identifying the real error read as delay tactics.
- Conditions not met. Stays granted on deposit or undertaking lapse when the condition is not complied with in time.
- Order not communicated. A stay order that never reaches the executing court, the bank or the authority does not stop the action on the ground.
A made-up example: a possession decree against a builder floor owner
Here's a made-up example. A civil court in Delhi decrees possession of the second floor of a builder floor in favour of a buyer who had sued for specific performance, holding that the seller's family must vacate within 30 days. The family believes the trial court ignored a receipt showing the buyer defaulted on payment.
Within ten days, the family files a first appeal with a stay application under Order 41 rule 5, attaching the decree, the execution notice already received and the disputed receipt. They offer an undertaking not to sell, mortgage or alter the floor and to deposit monthly use charges fixed by the court. The appellate court grants an interim stay of execution on those terms, and the appeal is listed for final hearing.
What a strong stay application contains
- A certified copy of the order, or an exemption application with an uncertified copy in urgent cases
- A short list of dates showing when the order was passed and when it will be carried out
- Two or three specific grounds of challenge, each linked to the record
- A clear statement of the irreversible loss if the order is carried out
- An offer of terms: deposit, security, bank guarantee or undertaking
- Proof of any statutory pre-deposit
- The execution, auction, demolition or sealing notice that shows urgency
- A properly sworn affidavit, with authority documents for a company, society or attorney holder
Time, cost and what to do this week
Urgent stay applications are often heard within a few days of filing, and interim stays may be granted on the first date. Confirmation after the other side replies takes longer, depending on the forum's list. Fees are discussed at the first meeting and agreed in writing, stage by stage; court fees, statutory deposits and certified copy charges are separate and must be planned for, especially where a pre-deposit is required. This week: get the certified copy, note the limitation and the date of threatened action, gather the notices, and decide what security or deposit you can realistically offer. Related pages: stay against dispossession and contempt petitions where a stay is disobeyed.
If you want the papers checked before you act, the team of Advocate B.K. Singh at Legals365 can review them and tell you the next step through talk to a lawyer.
Frequently asked questions
Does filing an appeal automatically stay the order?
No. Under Order 41 rule 5 CPC an appeal does not operate as a stay, and the same is true in most tribunals. You must file a stay application and get an order. Until then, the decree or order can be carried out.
How long does it take to get a stay order?
In urgent cases, an interim stay can be granted on the first date of hearing, often within days of filing. The stay is then confirmed or vacated after the other side replies. The timing depends on the forum's listing and on how quickly you file.
Do I have to deposit money to get a stay?
For money decrees and awards, courts usually require deposit or security. Some statutes make a deposit a condition of the appeal itself, such as 50% in consumer appeals, pre-deposit before DRAT, and the full amount for a promoter before the RERA Appellate Tribunal. For possession orders, an undertaking and occupation charges are more common.
Can I get a stay without informing the other side?
Yes, forums can grant an ex parte interim stay in urgent cases, recording reasons. The other side is then served and heard before the stay is confirmed. Some forums require an advance copy to be served on the opposite party or its counsel before mentioning.
What is the difference between a stay and an injunction?
A stay suspends an existing order, decree or proceeding while it is challenged. An injunction restrains a party from doing something, usually in a fresh suit. The tests overlap, but statutory stays often carry deposit conditions that injunctions do not.
Can the Sub-Registrar stay registration of a sale deed?
No, the Sub-Registrar has no power to stay a transaction on a party's request. A civil court can restrain a party from executing or registering a deed, and a copy of that order can be given to the Sub-Registrar. Transfers during a pending suit are also subject to its result under section 52 of the Transfer of Property Act.
Does a stay order expire after six months?
A Constitution Bench of the Supreme Court held in 2024 that interim stay orders do not lapse automatically after six months. A stay continues until the forum vacates it or decides the case, though the other side can apply to vacate it. Check the terms of your order for any fixed period or conditions.
Can I get a stay on a mutation order?
Yes, the appellate or revisional revenue authority can stay a mutation order while hearing the challenge. Because mutation does not decide title, stays are more readily given where the entry is being used to sell or mortgage the land. A pending title suit can also be placed before the Tehsildar.
What if the other side ignores the stay order?
Inform the forum at once and file for contempt or, in a civil suit, an application under Order 39 rule 2A. Courts can punish deliberate disobedience and order the position restored. Keep proof that the order was served and of the breach.
Can the High Court stay a DRT order?
The High Court rarely does, because the SARFAESI and RDB Acts provide appeals to DRAT with pre-deposit, and writ jurisdiction is not meant to bypass them. A writ may be entertained for a clear lack of jurisdiction or breach of natural justice. Usually the stay must be sought from the DRT or DRAT.
Can a stay be granted on a demolition order?
Yes, the statutory appellate authority, such as the Appellate Tribunal MCD in Delhi or the development authority's Chairman in UP, can stay a demolition order pending appeal. The High Court can intervene where notice or hearing was denied. File quickly, because demolition cannot be undone.
Who should sign the stay application for a company or NRI?
A company acts through an authorised signatory with a board resolution, and an NRI through a duly executed and stamped power of attorney or by swearing the affidavit abroad. Defects in authority delay filing and can lead to rejection. Arrange the papers before the deadline.
Need help with CAT Lawyer for Stay Application? Send your papers or a short note of what has happened. An advocate from the team of Advocate B.K. Singh will read it and tell you the next step.
