Stay order

  1. Admission of appeal to regular hearing does not automatically lead to stay order — For issuing stay order there must be a prima facie case, balance of convenience and irreparable loss should be considered. Rakhshanda Kokab & others v. Kaneez Akhtar and 11 others 1999 SCR 282(C)
  2. A stay order can be issued if there is a prima facie good case, principles of balance of convenience and irreparable loss are in favour of the appellant. Muhammad Asghar Khan v. Muhammad Hafizullah and 5 others 2000 SCR 291(B)
  3. Temporary stay order issued by the civil Court — During the pendency of suit appellants are alleged to have forcibly occupied the piece of land — Proper remedy  was to move the civil Court for proceeding against appellants for violation of stay order instead of approaching Revenue Court. Anait Ali Khan and 5 others  v. Lal Khan and 14 others 2000 SCR 337(A)
  4. A decree for jactitation was allowed by the trial Court in favour of the appellant — Respondent brought appeal before the Shariat Court — He failed to obtain order of suspension against decree along with stay order that she should not contract second marriage — Respondent in his concise statement stated that appellant contracted second marriage — During arguments the second husband of the appellant stated in the Court that now she is mother of a female child — The appeal of the respondent before the Shariat Court had become infructuous — Appeal accepted — The judgment of the Shariat Court set aside and that of trial Court restored. Parveen Akhtar v. Muhammad Asghar & 3 others 2002 SCR 178 (B)
  5. It is a settled proposition of law that stay order flows from the plaint — The plaintiff -respondent has not sought any other relief except demand of improvement — Mere asking for permanent injunction without a declaration that the suit land was in ownership would be meaningless and no decree for permanent injunction could be passed — All the Courts below issued stay order in favour of respondent till the determination of suit with regard to the claim of improvement — This order practically amounted to hear appeal against final order of the rehabilitation authorities — No such stay order could flow from the nature of the suit — Stay order was issued in the shape of status quo to retain the possession — Claim of improvement cost could hardly provide a justification for issuance of stay order. Karamatullah  v. Liaquat Ali 2003 SCR 138 (A)
  6. Stay order issuance of — Objection — Panel for Selection Board — Held: It is admitted that apparent mistake was committed by mentioning the name of Sardar Sarfraz Ahmed who has already retired — Held: For the appointment of Principlal of Postgraduate College Mirpur, a panel of four persons shall be sent to Selection Board. Muhammad Azam Tahairi v. Sarfraz Ahmad khan and 5 others 2003 SCR 425 (A)
  7. A petitioner is relieved from the obligation of proving such alleged contents of writ petition which are neither specifically denied nor stated to be not admitted in the written statement — Such allegations shall be deemed to have been admitted. M. Rafiq Ch. v. Azad Govt. 2008 SCR 60 (B)
  8. Stay order — Grant of — It was to be considered by the learned Judge whether the prima facie case, balance of convenience and irreparable loss are in favour of grant of stay order — Nothing like such was considered — Held: The impugned order is not sustainable under law. Rashad Saleem v. Ch. Zafar Iqbal and 10 others 2009 SCR 18 (A)
  9. This Court held in different cases that if a Court or tribunal issues a stay order subject to objections from the other side, the party shall have to file objections before the same Court or tribunal, as the case may be and filing of appeal or petition for leave to appeal has since been depreciated. Raja Naveed Hussain Khan v. Andleeb Sahir Butt &  5 others 2010 SCR 278 (A)
  10. —Ch. Khalid Sultan v. Competent Authority & another[2018 SCR 144]C
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