In Asian Resurfacing of Road Agency Pvt Ltd v CBI, the High Court Of Karnataka explained that the Supreme Court’s direction regarding automatic lapse of stay orders after 6 months is applicable only to trial proceedings. Earlier in 2018, the Supreme Court ordered that in all pending cases of a civil or criminal nature where stay orders are in operation, the same will come to an end on the expiry of six months from the date of judgment unless in an exceptional case by a speaking order such stay order is extended.

Dear Sir,

Each and every case has its own facts and circumstances. The said ruling of the Supreme Court is also not applicable in all the circumstances and the court handling the court can pass appropriate orders as deem fits and proper in the case based on facts and circumstances. 

1. The decision of Supreme court is law of the land under Article 142 . Therefore decision of high court is per curiam if held on same subject matter. 

2. During the pandemic all stay or injunction order is extended till further orders

Normally in the both situation limits the validity of stay of proceedings in Civil and Criminal Trials to 6 Months. Now its depends upon who is in your opposition and case belong to CPC and CrPC.

As per law lexicon injunction order is proper word and stay is being used in common parlance. 

Injunction suit for seeking direction to stay or continue certain work ,performance and assignments by private or Government organizations is a process of court.

There is NO rulings as such specifically continuing process of order of stay or injunction. 

Stay or injunction may be temporary or permanent as per the orders of Court of law before trial, High or Supreme Court. 

Stay or injunction can be vacated at any time by applying it to the court which has passed it on the suit of Plaintiff, Applicant and Appellant before Trial Court,Appellate High Court or Appellate Supreme Court. 

Hence stay or injunction continue as per the order of Court .No provisions or rulings for validity of stay or injunction. It is continuing process of order of law as per the order of the court.

The stay would remain force untill execution process or application is completed. 

Execution files once issue finally decided by court. Execution stay can grant stay for reasonable time to provide time to respondnet to approch civil court for take remedy. Such stay cannot be longer if respondent fails to take remedy in given time. 

Request court to vacate stay order on the basis of SC order. Order of SC will prevail over HC order.

A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not necessarily mean the death penalty (although it can); it refers to the imposition of whatever judgment is being stayed.

The  Order 41, Rule 5 of CPC to stay execution of a decree from which an appeal is pending is necessarily in the nature of a prohibitory order.  

When the Court has said that execution of a decree is not to take place, from that moment the Court to which application has been made for execution, has no authority to execute it and delivery of possession under the authority of an order, which was not then in force, but had been suspended upon a stay granted by a superior Court.

However you may please note that even though the general ruling by the supreme court that a stay order is valid only for 6 months from the date of passing the order, it remains valid until it is vacated.

An order by the Appellate Court for the stay of execution of the decree shall be effective from the date of the communication of such order to the Court of first instance but an affidavit sworn by the appellant, based on his personal knowledge, stating that an order for the stay of execution of the decree has been made by the Appellate Court shall,
pending the receipt from the Appellate Court of the order for the stay of execution or any order to the contrary, be acted upon by the Court of first instance”.

In fact the appellant may invoke the provisions of section 151 CPC in his favor, which reads thus:

Section-151: “Saving of inherent powers of Court—
Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court”.

Therefore you may have to follow it up through court properly instead of going behind the rules or law in this regard which may not fetch you the desired result.

- Under Rule 29 of Order 21 Civil Procedure Code, if a suit by a judgement-debtor is pending in a Court against the holder of a decree of that Court, the execution of the decree may be stayed until the disposal of the suit.

- Further , under Order 41 Rule-5(2), Stay by Court which passed the decree - Where an application is made for stay of execution of an appeal-able decree before the expiration of the time allowed for appealing therefrom, the Court which passed the Stay on execution:decree may on sufficient cause being shown order the execution to be stayed.

- Further , the Supreme Court held that in all pending cases of a civil or criminal nature where stay orders are in operation, the same will come to an end on the expiry of six months from the date of judgement unless in an exceptional case by a speaking order such stay order is extended.

- Hence the time limit for stay is not limited , and depend upon the appellate court discretion. 

1. If there is no time limit mentioned than it is valid 

2. No

Yes it can be extended for more than six months.

duration of stay should not exceed six months, unless extension is granted by a specific speaking order. 

This judgment is applicable to everything. It can be extended but reasons have to be given by the court. The judgment nowhere says that this rule has exceptions.

It's Applicable in all civil and criminal cases only with order of court to decide for extension only on merits. No such mention of execution cases to be excluded. Asian Resurfacing of Road Agency Pvt. Ltd. & Anr. v. Central Bureau of Investigation

 As per order of supreme court all stays are valid for 6 months from date of order if there is no specific order of stay such as till further order or till next hearing the stay will remain in force.

You can inform court of his re election by filing affidavit to that effect 

2) on account of pandemic courts are hearing only urgent cases 

1. If there is no such condition or order by court, it may not be necessary for him to inform court about his re-election.

2. Even if you file any petition before court now, it will be taken up for hearing  on the next date of hearing only i.e., on 8th Dec 2020.

3. You file a petition to vacate the stay under Order 39 Rule 4 CPC

Yes now it will easily get vacated

1. Yes, you can move an application for setting aside the stay order on this ground.

2. Yes, you can move an application before the court for early hearing with the application with setting aside the Stay order granted to him . 

3. Actually , court can order on the application under section 151 CPC , even if not filed under the specific provisions , and it depend upon the discretion of the court as well. 

- Yes, if already election has completed , then the Stay order can be vacated. 

Can you Please furnish short details of case and stay of NBW against the President of Society?

Dear Sir/Madam,

You are suggested to submit the application to the court beforehand so that the court can pass any order on the date fixed,

Election is not a reason to stay the execution. And scope of stay is very limited to provide some time to party to take appropriate remedy at civil court.

Stay is obtained by fraud. If he has not informed than you could have informed the court. Now do it.

Have to file application of early hearing. 

Stay cannot be granted but for fix time and not unlimited.  And normally the parties would approach the Executing court for stay u/s 151. But inherent powers cannot be invoked as per judgement of SC.

Yes you may file an application in the high court for expeditious hearing and disposal of the case.

Yes he is bound to inform the court.