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DRAFT OF APPLICATION FOR STAY OF PROCEEDINGS

BEFORE THE HONOURABLE SPECIAL JUDGE (RENT), CIVIL JUDGE, __________

APPLICATION NO. ___/20
IN
PETITION NO. ___/20

[APPLICANT]
Applicant

VERSUS

[RESPONDENT]
Respondent


APPLICATION FOR STAY OF PROCEEDINGS


RESPECTFULLY SHEWETH:

  1. That the Applicant has filed the titled petition under Section 19 read with Sections 12(3) and 14 of the Punjab Rented Premises Act, 2009 before this Honourable Court, which is fixed for hearing.

  2. That the primary issue in the matter pertains to the alleged illegal demolition of a portion of the rented premises by the landlord and the unauthorized occupation of a part of the said premises by the Respondent.

  3. That this Honourable Court, vide a previous order, declined to permit the Applicant to carry out reconstruction on the rented premises during the pendency of the main proceedings, and granted the Respondent leave to defend. The Applicant has challenged the said order before the Honourable High Court through a writ petition.

  4. That the Honourable High Court has subsequently allowed the Applicant to reconstruct the portion in question and the matter concerning the grant of leave to defend remains pending adjudication before the Honourable High Court.

  5. That since the core issue — the permissibility and validity of the leave-granting order — is sub judice before the Honourable High Court, and this Court is a party in that constitutional petition, it is in the interest of justice that further proceedings in the instant matter be stayed until final adjudication by the Honourable High Court.

  6. That the Applicant has a prima facie arguable case and is likely to suffer irreparable loss and injury if the proceedings before this Court continue concurrently with the matter pending before the Honourable High Court.


PRAYER

In view of the foregoing submissions, it is most respectfully prayed that further proceedings in the present petition may kindly be stayed until the final decision of the constitutional petition pending before the Honourable High Court.

APPLICANT
Through Counsel

[Name of Advocate]
[Designation]
[Law Firm / Office Address]

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