How to draft a stay application using AI: a step-by-step guide for lawyers and legal professionals

This article is your guide on how to turn AI into your most trusted drafting partner by using it as your secret weapon that will help you draft faster, think more systematically and help you present your client’s case with the precision your senior expects. If you are tired of spending sleepless nights crafting stay applications from scratch while the clock ticks against your client’s interests, this systematic approach will help you transform your practice forever.

Introduction

It was a Tuesday afternoon when my phone buzzed with news that made my stomach drop. The court had just passed an interim order against our client, but here is the important thing: they granted relief that went way beyond what the plaintiff had even asked for in their Notice of Motion. Moreover, what was shocking was how the court granted relief despite the absence of supporting documents.  

I knew I had to call my client to inform him. When I delivered the news, there was this heavy silence on the other end of the line for a few seconds. I could practically feel his disappointment through the phone. 

Finally, he asked the question I was dreading: “So… what do we do now and when there was no partnership subsisting at that time, how did the court overlook that and other relevant documents?”

“We fight back,” I told him. “And we do it fast.”

I explained that we needed to file an appeal challenging the order, and most importantly, we had to file a stay application to prevent them from executing the order while we fought it. Time was absolutely critical here.

Now, here is where things get interesting. After years of teaching legal drafting and watching countless students fumble through stay applications, I have discovered something that might surprise you. The real challenge is not whether you know the law; most lawyers do. The challenge is knowing how to package your arguments in a way that actually persuades the judge.

Since I have mentioned of partnership above, I have written an article on how to draft a partnership deed. You can refer to it if you want to know everything about partnership deeds and are also looking to learn how to draft a partnership deed.

Before I dive into exactly how we handled his case, let me walk you through some essential concepts and provisions you need to master first.

What exactly is a stay order?

A stay order acts as a “pause button” on legal proceedings or the execution of a decree or an order. It temporarily prevents further action until the matter is reviewed or appealed. A stay can apply to two primary scenarios:

1. Stay of suit (section 10 of the Code of Civil Procedure, 1908) – Stops parallel proceedings of the same case in different courts.
2. Stay of execution (Order XLI Rule 5 of Code of Civil Procedure, 1908) – Prevents the execution of a decree while an appeal is pending.

Let us briefly understand these two concepts.

What is the stay of suit under section 10 of the Code of Civil Procedure, 1908?

First, let us see what section 10 of the Code of Civil Procedure, 1908 states. It states as under:

“No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India have jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court“

To put it in simple terms, if two identical cases are filed in different courts, the latter suit should be stayed to avoid conflicting decisions. 

Was this easy to understand? Moving to the next one.

What is the stay of execution under Order XLI Rule 5 of the Code of Civil Procedure, 1908?

I have explained Order XLI Rule 5 of the Code of Civil Procedure, 1908, below in three heads to understand the provisions regarding stay of execution in a better manner.

1. General rule – No automatic stay

An appeal shall not operate as a stay of proceedings under a decree or order appealed from.

Meaning: Because a party has filed an appeal, it does not mean that the execution of the lower court’s decree stops automatically. A separate stay application must be made, and the court will decide whether to grant it or not.

2. When can a stay be granted?

The appellate court can grant a stay if the applicant shows that:

• Substantial loss may result if the stay is not granted.
• The appeal has been filed without unreasonable delay.
• The applicant has offered security to ensure compliance with the decree if the appeal fails.

3. Stay by the trial court

The court that passed the decree (the trial court) may grant a stay while the appeal is pending if sufficient cause is shown. However, this is generally done only before the execution proceedings have started. Once execution has begun, only the appellate court can stay the decree.

Now, we will learn how to draft the stay application using AI

How to draft a stay application using AI?

Let me walk you through my step-by-step method for using AI to draft stay applications. 

Think of this as training a smart intern who needs to learn legal drafting.

Step 1: Ask AI the blueprint- understanding the structure

The first thing I always tell is this, never ask AI to draft anything without first teaching it the structure.

 It is like asking someone to build a house without showing them the architectural plans.

Here is what I do. I start by having a conversation with my AI assistant:

This is my prompt:

“What is the structure of a stay application before the Bombay High Court in civil appellate jurisdiction? Break it down into clear sections with the purpose of each.”

Why do I do this?

Because I want AI to understand that legal drafting is not creative writing,  it follows a precise format. 

This is what AI has generated:

“A typical stay application filed before the Bombay High Court contains the following structure: 

1. Title and jurisdiction heading– Names of the Court, parties, case numbers, and designation as 

Interim Application. 

2. Introductory paras – Identify the impugned order and mention that the appeal filed is challenging the impugned order. 

3. Incorporation of Appeal grounds– State that all grounds in the appeal memo are repeated and relied upon. 

4. Facts justifying stay – Explain the case briefly and provide documents supporting the case. 

5. Grounds for relief– Point out errors in the impugned order 

6. Urgency and prejudice– Show that the impugned order has or will cause irreparable harm. 

7. Balance of convenience and prima facie case – Explain why the applicant has a better legal position and will suffer more if relief is denied. 

8. Prayer clause – Request stay of impugned order, ad-interim relief, and costs.”

When AI responds with the proper structure (title and jurisdiction, introductory paragraphs, incorporation of appeal grounds, facts, legal grounds, urgency, balance of convenience, and prayer clause), I know it is ready to help me draft systematically.

Think of AI as your junior associate. 

Would you assign a complex drafting task to a junior without first explaining the framework would you? So the same principle applies here.

Step 2: Set the stage – The “Why Am I Here?” paragraphs

Next, I teach AI to draft what I call the “introduction paragraphs”, those crucial opening lines that tell the judge exactly what part of the lower court’s Order you are challenging.

Let me show you how to do this

“Draft the introductory paragraphs of a stay application before the Bombay High Court. Mention that the appeal challenges part of the impugned order dated 21st January 2025 passed by the Dindoshi Civil Court, which wrongly grants transit rent, corpus fund, and alternate accommodation to Respondent No.1. Also confirm that the grounds of appeal memo are repeated and confirmed by the Appellant.”

Notice what I am doing here? 

I am being specific. I am telling AI what part of the Order is being challenged and that the grounds in the appeal memo are adopted here.

I am not letting AI get vague or generic.

This is what AI generated:

“1. The Applicant has filed the present Appeal against the Impugned Order dated 21st January 2025 passed by the Ld. Judge, Bombay City Civil Court, Dindoshi, to the extent it grants transit rent, corpus fund, and permanent alternate accommodation to Respondent No.1.

2. The Applicant repeats and confirms all the grounds taken in the Appeal Memo.”

Now AI understands that we are not challenging the entire Order, just specific parts of it

Step 3: Build your foundation – The factual backbone

This is where many lawyers go wrong, and I see the same mistake with AI. They dive into legal arguments without establishing the basic facts. Let me teach you my approach.

I tell AI

“Help me draft paragraphs in continuation showing that the Applicant is the rightful owner with proper documents such as title documents, property tax receipts, electricity bills and maintenance receipts, while the Respondent no.1 has no supporting papers and was using the suit property only in permissive capacity under a partnership arrangement in 1979 which was dissolved by notice dated 3rd September, 2013. Therefore, the claim of Respondent no.1 to benefits granted in the Impugned Order is not tenable.”

Here I am training AI to write focused and in a persuasive manner rather than writing vague narratives.

The more you train your AI tool, the better results it will generate the next time.

This is what AI generated based on the above prompt:

“3. The Applicant is the lawful owner and bonafide member in respect of the suit property, and holds all relevant title documents, including property tax receipts, electricity bills, and maintenance payments.

4. In contrast, Respondent no.1 has not produced a single document proving any ownership, tenancy, or right to receive benefits in respect of the suit property. The Respondent’s claim rests solely on unsubstantiated assertions.

5. It is submitted that Respondent no.1 was permitted to use the premises in view of a partnership arrangement entered into in 1979. However, the said partnership was dissolved by notice dated 3rd September 2013. Therefore, the Respondent’s current claim to permanent alternate accommodation and monetary benefits is wholly untenable and without legal basis.”

Step 4: Point out the problems – How is the Order wrong

Now comes the critical part, explaining why the lower court got it wrong. 

But here is the secret: I do not let AI make vague statements like “the court erred in law” or that the “Order is bad.” Instead, I train AI to learn how to question judicial overreach with reasoned arguments.

My prompt goes like this:

“Explain that the trial court granted reliefs beyond what was prayed for, that no documents were produced by the Respondent no.1, and that the judge exceeded jurisdiction. Write it in continuation with the earlier paragraphs.”

You might have observed that I have categorically mentioned to write in continuation of the earlier paragraph.

Why did I do this, though?

This avoids constant repetition of the facts and helps AI understand the context before generating the result.

This is what AI generated.

“6. The Learned Trial Judge has erroneously granted reliefs of transit rent, corpus fund and permanent alternate accommodation in favour of Respondent No.1, despite the fact that these reliefs were not specifically prayed for in the Interim Application.

7. It is respectfully submitted that such reliefs have been granted without any supporting documentation from the Respondent no.1. There is no material on record to justify these benefits, nor has Respondent No.1 established any legal entitlement thereto.

8. Furthermore, the Trial Court has exceeded its jurisdiction by passing orders that go beyond the pleadings. Such a direction, passed without due application of mind or legal basis, causes grave prejudice to the Applicant and renders the Order liable to be stayed.”

Step 5: Create the urgency – Why this cannot wait

This step is where you justify interim protection, which is the whole point of the application. You need to show both urgency and fairness. 

It means that you need to know the damage that will be done to the Applicant if the Order is not stayed and also show that the Respondent will not suffer. 

Since, in my case, the Respondent had acted on the Order, there was grave urgency in the matter.

So here is how I guide AI:

“Show that the impugned order is already being acted upon since the Respondent no.1 has vacated the suit premises and cheque towards transit rent has been given by Respondent no.2 to Respondent no.1. Explain why the delay will cause irreversible harm to the Applicant, but staying the order won’t really harm the Respondent no.1 because he has no legal entitlement. Maintain the continuity in paragraphs.”

You need to tell AI exactly about the urgent and specific phrases, like ‘irreparable harm,’ as generic phrases like ‘will not work’ will not be effective. Also, it is important to prove that the Respondent will not suffer any kind of prejudice. With this, AI will have a better understanding to draft the paragraphs.

This is what the AI generated for me:

“9. The urgency in the present matter arises from the fact that the impugned Order has already been acted upon. Respondent no.1 has vacated the suit premises and Respondent no.2 has issued a cheque towards transit rent in purported compliance with the Order.

10. If the impugned Order is not stayed, the Applicant, who is the rightful owner of the suit property, will suffer grave and irreparable loss. The Respondent no.1, having no lawful entitlement, will reap benefits without any legal basis, while the Applicant’s proprietary rights stand compromised.

11. The balance of convenience is clearly in favour of the Applicant. On the other hand, no harm or prejudice will be caused to Respondent no.1 if the operation of the impugned Order is stayed, pending the outcome of the Appeal.”

Step 6: Ask for what you need – The prayer clause

The prayer clause is what the judge reads first and remembers last. 

Therefore, I teach AI to be specific with the following prompt:

“Write a prayer clause asking for a stay of the impugned order pending hearing and final disposal of the Appeal, direction to deposit any money received, include ad-interim relief, and end with costs and such other reliefs.”

Since my AI is trained to write reliefs, it may happen that when you put this prompt, it might generate a different result. 

But do not worry, once you have corrected the prayer clause and informed AI, it will remember it the next time you give the same prompt.

This is what AI generated for me:

“In the premises, the Applicant humbly prays that this Hon’ble Court may be pleased to:

a. Pending the hearing and final disposal of the Appeal, stay the operation of the impugned Order dated 21st January 2025 passed by the Learned Judge, Bombay City Civil Court, Dindoshi;

b. Pending the hearing and final disposal of the Appeal, direct Respondent No.1 to deposit the transit rent and any money received from Respondent No.2 in this Hon’ble Court;

c. Grant ad-interim reliefs in accordance with prayer clauses (a) and (b) above;

d. Award Cost to the Applicant

e. Pass such other necessary reliefs.”

Step 7: Put it all together – The complete draft

Finally, I ask AI to put everything together, but before that, you might have noticed that I have not mentioned the details of the parties or even provided a prompt to prepare the cause title, despite the structure of the stay application indicating the title and jurisdiction.

This is because it is a clerical exercise, and I wanted to focus on preparing the draft first. As far as the details of parties and the cause title are concerned, you can add them at the end.

Therefore, I gave the following prompt.

“Now, prepare a complete draft using all the sections we developed step-by-step. Also, the details for preparing the cause title are as follows:

Ashish Mehta is the Applicant who is aged 65 years and is residing at Flat no.123, Charni Road, Mumbai

Raman Agarwal is the Respondent no.1, who is aged 64 years and is residing at Flat No.456, Marine Lines, Mumbai

XYZ Builders is Respondent no.2, which is a partnership firm having a registered office at Unit No.890, Magic Mahal, Malad East, Mumbai

Make the cause title as per the format of the Bombay High Court. “

This is what the AI generated.

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY  

     CIVIL APPELLATE JURISDICTION  

         INTERIM APPLICATION NO. ____ OF 2025  

       IN  

     CIVIL APPEAL NO. ____ OF 2025  

In the matter between:

Versus  

1. The Applicant has filed the present Appeal against the Impugned Order dated 21st January 2025 passed by the Ld. Judge, Bombay City Civil Court, Dindoshi, to the extent it grants transit rent, corpus fund and permanent alternate accommodation to Respondent no.1.

2. The Applicant repeats and confirms all the grounds taken in the Appeal Memo.

3. The Applicant is the lawful owner and bonafide member in respect of the suit property, and holds all relevant title documents, including property tax receipts, electricity bills, and maintenance payments.

4. In contrast, Respondent no.1 has not produced a single document proving any ownership, tenancy, or right to receive benefits in respect of the suit property. The Respondent’s claim rests solely on unsubstantiated assertions.

5. It is submitted that Respondent no.1 was permitted to use the premises in view of a partnership arrangement entered into in 1979. However, the said partnership was dissolved by notice dated 3rd September 2013. Therefore, the Respondent’s current claim to permanent alternate accommodation and monetary benefits is wholly untenable and without legal basis.

6. The Learned Trial Judge has erroneously granted reliefs of transit rent, corpus fund and permanent alternate accommodation in favour of Respondent no.1, despite the fact that these reliefs were not specifically prayed for in the Interim Application.

7. It is respectfully submitted that such reliefs have been granted without any supporting documentation from the Respondent no.1. There is no material on record to justify these benefits, nor has Respondent No.1 established any legal entitlement thereto.

8. Furthermore, the Trial Court has exceeded its jurisdiction by passing orders that go beyond the pleadings. Such a direction, passed without due application of mind or legal basis, causes grave prejudice to the Applicant and renders the Order liable to be stayed.

9. The urgency in the present matter arises from the fact that the impugned Order has already been acted upon. Respondent no.1 has vacated the suit premises and Respondent no.2 has issued a cheque towards transit rent in purported compliance with the Order.

10. If the impugned Order is not stayed, the Applicant, who is the rightful owner of the suit property, will suffer grave and irreparable loss. The Respondent no.1, having no lawful entitlement, will reap benefits without any legal basis, while the Applicant’s proprietary rights stand compromised.

11. The balance of convenience is clearly in favour of the Applicant. On the other hand, no harm or prejudice will be caused to Respondent no.1 if the operation of the impugned Order is stayed, pending the outcome of the Appeal.

In the premises, the Applicant humbly prays that this Hon’ble Court may be pleased to:

a. Pending the hearing and final disposal of the Appeal, stay the operation of the impugned Order dated 21st January 2025 passed by the Learned Judge, Bombay City Civil Court, Dindoshi;

b. Pending the hearing and final disposal of the Appeal, direct Respondent no.1 to deposit the transit rent and any money received from Respondent No.2 in this Hon’ble Court;

c. Grant ad-interim reliefs in accordance with prayer clauses (a) and (b) above;

d. Award Cost to the Applicant

e. Pass such other necessary reliefs

In 7 steps, you have a full-fledged draft of the stay application ready. Obviously, you will have to scrutinise it and review it by applying your legal acumen.

Here is the final draft with manual edits in red.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY  

  CIVIL APPELLATE JURISDICTION  

      INTERIM APPLICATION NO. ____ OF 2025  

  IN  

CIVIL APPEAL FROM ORDER (L) NO.24535 OF 2025  

   IN 

          NOTICE OF MOTION NO.1785 OF 2022 

     IN 

                 CIVIL SUIT NO.1270 OF 2022

                                                                                DISTRICT:MUMBAI

In the matter between:

Versus  

TO,

THE HON’BLE CHIEF JUSTICE AND OTHER

HON’BLE PUISNE JUDGES OF THIS

HON’BLE COURT

THE HUMBLE APPLICATION OF   

THE APPLICANT ABOVENAMED

MOST RESPECTFULLY SHEWETH:

1. The Applicant has filed the present Appeal against the Impugned Order dated 21st January 2025 passed by the Ld. Judge, Bombay City Civil Court, Dindoshi, to the extent it grants transit rent, corpus fund and permanent alternate accommodation to Respondent No.1 in respect of the suit property on the grounds more particularly set out in the Appeal Memo. Hereto annexed and marked Exhibit “A” is a copy of the Impugned Order dated 21st January 2025.

2. The Applicant hereby repeats and confirms all the grounds taken in the Appeal Memo.

3. The Applicant is the lawful owner and bonafide member in respect of the suit property, and holds all relevant title documents, including property tax receipts, electricity bills, and maintenance payments.

4. On the contrary In contrast, Respondent no.1 has not produced a single document proving any ownership, tenancy, or right to receive benefits in respect of the suit property. The claim of Respondent’s no.1 claim rests solely on unsubstantiated assertions.

5. It is submitted that Respondent no.1 was permitted to use the premises in view of a partnership arrangement entered into in 1979. However, the said partnership was dissolved by notice dated 3rd September 2013. Therefore, the current claim of Respondent no.1 current claim to permanent alternate accommodation and monetary benefits is wholly untenable and without legal basis.

6. The Learned Trial Judge has erroneously granted reliefs of transit rent, corpus fund and permanent alternate accommodation in favour of Respondent no.1, despite the fact that these reliefs were not specifically prayed for in the Notice of Motion. Interim Application.

7. It is respectfully submitted that such reliefs have been granted without any supporting documentation from the Respondent no.1. There is no material on record to justify these benefits, nor has Respondent no.1 established any legal entitlement thereto.

8. Furthermore, the Trial Court has exceeded its jurisdiction by passing orders that go beyond the pleadings. Such a direction, passed without due application of mind or legal basis, causes grave prejudice to the Applicant and renders the Order liable to be stayed.

9. The urgency in the present matter arises from the fact that the Impugned Order has already been acted upon. The Respondent no.1 has vacated the suit premises and Respondent no.2 has issued a cheque towards transit rent in purported compliance with the Order.

10. If the Impugned Order is not stayed, the Applicant, who is the rightful owner of the suit property, will suffer grave and irreparable loss and the Applicant has a strong prima facie case. The Respondent no.1, having no lawful entitlement, will reap benefits without any legal basis, while the Applicant’s proprietary rights stand compromised.

11. The balance of convenience is clearly in favour of the Applicant. On the other hand, no harm or prejudice will be caused to Respondent no.1, who has obtained reliefs without making any specific prayer for the same, thereby disentitling the Respondent no.1 to reap any benefit under the Impugned Order. Therefore, it is necessary that Respondent no.1 deposits all the monies received from Respondent no.2 in this Hon’ble Court and if the operation of the Impugned Order is be stayed, pending the outcome of the Appeal.

12. The Applicant has paid fixed court fees of Rs.20/- on this Application.

13. The Applicant undertakes to pay such sum by way of costs or damages as the Hon’ble Court may award as compensation in the event of a party affected sustaining prejudice by any Order that might be passed in the present Interim Application. 

14. In the circumstances aforesaid premises, the Applicant humbly prays that this Hon’ble Court may be pleased to:

a. Pending the hearing and final disposal of the Appeal, stay the operation of the impugned Order dated 21st January 2025 passed by the Learned Judge, Bombay City Civil Court, Dindoshi;

b. Pending the hearing and final disposal of the Appeal, direct Respondent no.1 to deposit the transit rent and any money received from Respondent no.2 in this Hon’ble Court;

c. Grant ad-interim reliefs in accordance with prayer clauses (a) and (b) above;

d. Award Cost to the Applicant

e. Pass such other necessary reliefs

Conclusion

Here is the truth, this is not about replacing your legal expertise, it is about amplifying it. When you train AI systematically, you are not just getting faster drafts. You are building a reliable process that works under pressure.

Remember, each step builds on the previous one. Skip a step, and your final draft will show the gap. However, by following this method, you will have a powerful tool that consistently produces high-quality work.

This systematic approach ensures AI produces work that actually resembles professional legal drafting rather than generic content. You are not just using AI, you are training it to think like a lawyer, step by step.

Frequently asked questions

1. Does filing an appeal automatically stay the execution of a decree?

No. An appeal does not operate as an automatic stay of proceedings. A separate stay application must be filed, and the court will decide whether to grant it.

2. When can a stay be granted under Order XLI Rule 5?

A stay can be granted if the applicant shows that:

• Substantial loss may result if the stay is not granted
• The appeal has been filed without unreasonable delay
• The applicant has offered security to ensure compliance with the decree if the appeal fails.

3. Why should I not ask AI to draft a stay application directly?

You should never ask AI to draft anything without first teaching it the structure. It is like asking someone to build a house without showing them architectural plans. AI needs to understand the precise legal format first.

4. What should I include in the prayer clause?

You should be specific about what you are asking for:

• Stay of the impugned order pending hearing and disposal
• Direction to deposit any money received
• Ad-interim relief
• Costs and other necessary reliefs

5. How important is manual review after AI drafting?

It is extremely important. You must scrutinize and review the AI-generated draft by applying your legal acumen. The article shows manual edits in red to demonstrate this necessity.

6. What is the limitation period to file a stay application?

There is no specific time period within which you need to file an application for a stay. But it is advisable to file it along with the Appeal if you want to stay the operation of the Order at the earliest.