Stay Application under Article 226

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Stay Application under Article 26 of the Constitution of India format is hereby given below.

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IN THE HIGH COURT OF JUDICATURE FOR __________ AT __________ BENCH, __________

S.B. CIVIL MISC. STAY APPLICATION NO.        /2021

IN

S.B. CIVIL WRIT PETITION NO.             /2021

MR. ABC SINGH S/O SH. XYZ, AGED ABOUT 23 YEARS, RESIDENT OF 1, CIVIL LINES, __________.

(Petitioner)

Versus

  1. STATE OF __________ .

(Respondents)

***

S.B. CIVIL MISCELLANEOUS STAY APPLICATION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

To,

The Hon’ble Chief Justice and his other companion Judges of the High Court of Judicature for __________ at __________ Bench, __________.

       MAY IT PLEASE THIS HON’BLE COURT,

The humble Petitioner, above named, most respectfully    begs to submit as under:-

  1. That the Petitioner has this day filed the above titled writ petition wherein he has every hope to get success. To avoid the repetition, the facts and grounds of the writ petition may kindly be treated as part and parcel of this stay application.   
  2. That the petitioner has got a very strong prima facie case in its favor wherein the chances of getting it succeed are very high.
  3. That a bare perusal of the instant matter also illustrates that the balance of convenience also lies in the favor of the petitioner and the petitioner would also suffer irreparable damage if the Hon’ble Court doesn’t grant interim relief to the petitioner.

PRAYER:

It is, therefore, most humbly prayed that during the pendency of this writ petition the effect and operation of the order dated ___________ be stayed and the respondents be directed to _________. 

Any other relief which the Hon’ble Court may deems fit and proper in the facts and circumstances of the case, may also kindly be passed in favour of the Petitioner.

 Humble Petitioner

Through Counsel

PLACE:-                                  

   DATED:-                                                                 Advocate        

NOTES:

  • That the process fees, notices and extra sets of the stay application shall be filed within 3 days after admission of the writ petition.
  • That no such stay application has been filed previously prior to this by the Petitioners before this Hon’ble Court.
  • It has been typed by my private Steno who is not an employee of this Hon’ble Court.
  • As pie papers are not readily available, it has been typed on stout papers.
  • That the jurisdiction lies in the High Court of Judicature for ________________.

COUNSEL FOR THE PETITIONER

IN THE HIGH COURT OF JUDICATURE FOR __________ AT __________ BENCH __________

S.B. CIVIL MISC. STAY APPL. NO.          /2021 

IN

S.B.CIVIL WRIT PETITION NO.           /2021

MR. ABC SINGH

VERSUS

STATE OF __________ AND OTHERS 

AFFIDAVIT IN SUPPORT OF STAY APPLICATION

I, Abc Singh son of Sh. Xyz, Aged About 23 Years, Resident Of 1, Civil Lines, __________, do hereby take oath and state as under:- 

  1. That I am the petitioner in the present writ petition and as such am well conversant with the facts and circumstances of the case.
  2. That the annexed stay application has been got drafted under my instructions by my counsel. I admit the contents mentioned therein are true and correct to my personal knowledge. 
  3. That the contents of paras 1 to 3 of the annexed stay application are true and correct to my personal knowledge and on the basis of legal advice given to me by my counsel.

DEPONENT

VERIFICATION:

I, the above named deponent do hereby verify on oath that the contents of paras 1 to 3 of my above stated affidavits are true and correct to my personal knowledge. Nothing material has been concealed in it and no part of it is false. So help me God.

DEPONENT

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