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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
Sunil.A.K. – Appellant
Versus
Bharath Lajhna Multi State Housing Co-Operative Society Ltd. – Respondent
JUDGMENT :
Easwaran S., J.
This Original Petition is filed seeking indulgence of this Court to keep in abeyance the proceedings pursuant to the order dated 11.04.2025 in I.A.No.10 of 2025 in O.S. No.330 of 2025 on the file of the Ist Additional Munsiff Court, Thrissur.
2. The main grievance of the petitioner appears to be that after the passing of the order in I.A.No.10 of 2025, an application for certified copy was filed and the petitioner is yet to receive the copy of the same, and in the meantime, steps were taken to implement the directions in I.A.No.10 of 2025.
3. This Court, while considering the Original Petition on 22.04.2025, after hearing the counsel on both sides, interdicted further proceedings to be taken in respect of the directions contained in I.A.No.10 of 2025 in O.S.No. 330 of 2025 and directed the learned Munsiff Court to forward a report stating whether a certified copy of the impugned order applied by the petitioner was issued to him or not. In pursuance to the said direction, the office of the Munsiff Court has informed the Registry of this Court that the certified copy of the order in I.A.No.10 of 2025 has already been issued to the petitioner on 21.04.2025.
4. Be
The court upheld the petitioner's right to appeal against a Munsiff Court order, granting an interim stay until the appeal is filed.
The court emphasized the importance of providing timely access to order copies to protect the rights of petitioners in ongoing legal proceedings.
The court emphasizes the necessity for procedural compliance to allow for further appeals in the civil justice system.
Supervisory jurisdiction under Article 227 can be invoked to stay proceedings to preserve the efficacy of appeals and avoid rendering them futile.
The court upheld that remedies against lower court orders should be sought through appeals rather than Original Petitions when final judgments are pending.
Petition withdrawn upon receipt of ordered copy; disposed with interim order vacated.
Timely access to legal documents is essential for effective legal proceedings in election petitions.
The court may extend interim orders to provide petitioners the opportunity to challenge decisions before final dismissal of the case.
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