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Author Topic: Regarding holding the case when transfer application is pending  (Read 207 times)

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Offline murugasaveus29

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Hi,

We have registered a transfer of application in supreme court for transferring my daughter's divorse case to a different state.

Even though our lawyer has submitted a memo regarding the transfer of application, opposition lawyer argued that the case proceedings cannot be stopped until a stay has been granted and he started the proceedings. Judge too agreed for it and said until stay has been granted, the proceedings can be continued.

We have applied for the stay along with the transfer of application one month back, but the stay is not yet granted.
Is it true that the proceedings can be continued until the stay is granted? Any other way to hold the case/stop the proceedings?

Can the stay be obtained from high court or any other court?

we are looking for a immediate way to hold the case or obtain the stay before next hearing which is 3 weeks ahead.

Thanks in advance.

Offline advbose

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Re: Regarding holding the case when transfer application is pending
« Reply #1 on: September 03, 2017, 08:15:39 PM »
show the judge a supreme court judgment that once a transfer application is filed in supreme court, the lower court should stay the matter till the decision is passed by the highest court.

that will be sufficient to get a stay.


 

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