Mortgage Stay (India)
This document is a formal Affidavit used to support a lawsuit for a permanent injunction, specifically aimed at staying or stopping mortgage-related proceedings. It serves as a sworn statement to verify the facts and contents of an associated stay application within a court of law.
Mortgage Stay
Affidavit
IN THE COURT OF HON’BLE _____ JUDGE, _____
_____ Versus _____
SUIT FOR PERMANENT INJUNCTION
AFFIDAVIT
I, _____ son of _____ resident of _____ do hereby solemnly affirm and declare as under:-
1- That I have filed the above noted suit, alongwith an application for stay today before this Hon’ble court, the contents of which may be read as part and parcel of this affidavit as the same are not being produced here for the sake of brevity and avoidance of repetition.
2- That the contents of the suit and the application for stay have been read over by me who am true to best of my knowledge and belief and nothing has been concealed therein.
DEPONENT
VERIFICATION:
Verified that the contents of my above affidavit are true to my knowledge and belief and nothing is false and untrue.
Verified at _____ on ________
DEPONENT
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About this template
What is this template?
This document is a formal court application used in Indian civil litigation to pause a mortgage-related lawsuit. It is not a settlement agreement or a defense on the merits, but a procedural tool to maintain the status quo. It specifically includes sections for the case number, the specific grounds for the stay, and a formal verification block.
When should you use it?
Use this document when a mortgage suit is active in an Indian court and there is a legal justification to stop it temporarily, such as the pendency of a prior suit. Use a Written Statement instead if the goal is to contest the mortgage claim itself rather than just delaying the process.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Main Petition | Prayer for Stay | Requests the court to suspend further proceedings in the mortgage suit until a specified event or condition is met. |
| Paragraph 2 | Grounds for Application | Details the specific reasons for the stay, such as a pending appeal or a parallel suit involving the same mortgage property. |
| End of Document | Verification | Contains the applicant's formal declaration that the facts stated in the petition are true to their personal knowledge. |
Who it's for
- a defendant in an Indian mortgage suit seeking to delay proceedings
- legal practitioners drafting interim applications under the Code of Civil Procedure
- property owners in India facing foreclosure proceedings with a valid procedural defense
How long it runs and how it's signed
Law it's drafted under
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