How to Get a Stay Order from Odisha High Court: Grounds, Process and Timeline
A stay order from the Odisha High Court pauses a lower court's order or government action — stopping eviction, freezing a property transaction, or halting demolition. In urgent cases, the High Court can grant one within hours.
By Advocate Debarchana Samal · 22 July 2026 · 7 min read
What Is a Stay Order?
Clients often call me in a panic — a demolition notice has arrived, or an eviction is scheduled for tomorrow, and they assume nothing can be done in time. A stay order is exactly the tool for this moment. It is an interim order from the Odisha High Court that pauses — stays — the operation of a lower court's judgment, or halts government or authority action, while a connected appeal, revision, or writ petition is pending. It buys time for the main matter to be argued properly, without irreversible harm happening first.
Two Common Situations Where a Stay Is Sought
Stay of a Lower Court Order
Examples: Eviction decree, money decree, injunction order under appeal
Filed under Order 41 Rule 5 CPC alongside your civil appeal.
Stay of Government/Authority Action
Examples: Demolition notice, service termination order, licence cancellation
Filed as part of a writ petition under Article 226 of the Constitution.
What the Court Considers Before Granting Stay
Step-by-Step: How to Get a Stay Order
Identify what needs to be stayed
Pin down exactly which order or action threatens you, and by when it will take effect — this determines how urgently the application must be filed.
File the underlying appeal, revision, or writ petition
A stay application cannot exist on its own. It rides along with your main appeal against the lower court order, or your writ petition against the authority's action.
Draft the stay application with a strong affidavit
Your lawyer sets out the prima facie case, why the balance of convenience favours you, and what irreparable harm you face without a stay.
Seek urgent mentioning if time is short
For genuine emergencies, your lawyer can mention the case before the Chief Justice for early or same-day listing, rather than waiting for the normal cause list.
Obtain the order and serve it immediately
Once granted, ensure the stay order is promptly served on the opposing party, the lower court, or the authority concerned so it takes practical effect right away.
When You Need a Lawyer
Stay applications live or die on speed and drafting quality. I have seen genuine, deserving cases lose valuable protection simply because the affidavit did not clearly establish urgency, or because the underlying appeal was filed incorrectly, delaying the stay request along with it. If a demolition, eviction, or adverse government action is imminent, every hour matters — trying to draft and file this yourself risks missing the narrow window when the High Court can actually intervene in time.
Time-sensitive: If you have received a demolition notice, eviction warrant, or termination order with a fixed date, contact a lawyer immediately — stay applications are most effective when filed before the action takes place, not after.
Frequently Asked Questions
How quickly can the Odisha High Court grant a stay order?
In genuinely urgent matters — such as an imminent demolition or eviction — the High Court can grant an ex-parte interim stay the same day or within a day or two through urgent mentioning before the Chief Justice. Routine matters follow the normal listing process, which can take a few weeks.
Can a stay order be granted without hearing the other side?
Yes, an ex-parte stay can be granted in genuine emergencies to prevent irreversible harm, but it is typically temporary — lasting until the other side is heard, usually within two to four weeks — after which the court decides whether to continue, modify, or vacate it.
What is the difference between a stay of a civil decree and a stay of government action?
A stay of a civil decree (like an eviction order) pauses execution of a lower court's judgment while your appeal is pending, filed under Order 41 Rule 5 CPC. A stay of government action (like a termination order or demolition notice) is sought through a writ petition under Article 226, asking the High Court to pause the authority's action until the petition is decided.
What happens if the other party violates a stay order?
Violating a stay order is treated as contempt of court and can lead to serious consequences, including imprisonment. If the other side or an authority ignores a stay order, your lawyer can immediately file a contempt petition before the same High Court.
Do I need to have already filed an appeal to get a stay?
Yes, a stay application is not a standalone remedy — it must be tied to a pending or simultaneously filed appeal, revision, or writ petition. The stay simply pauses the effect of the order while the main proceeding is being decided.
Facing an Urgent Order in Cuttack or Odisha?
Advocate Debarchana Samal handles urgent stay applications, appeals, and writ petitions before the Odisha High Court. Contact us immediately for a confidential consultation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.
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