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2022 Supreme(Online)(KER) 39652
HIGH COURT OF KERALA
C.S. DIAS, J
MAKKOLIL MOLY – Appellant
Versus
KATTAKKAYATHIL JOSEPH – Respondent
OP(C)/1112/2022
M.B.SHYNI, R.RAJESH KUMAR, V.R.ANILKUMAR, RAMEES, P.K.ERFANA PARAMBADAN, SUBITHA SUBRAMANIYAN, NIRMAL V NAIR, ARATHI PRABHAKARAN
Supervisory jurisdiction under Article 227 can be invoked to stay proceedings to preserve the efficacy of appeals and avoid rendering them futile.
Headnote:
Supervisory - Stay of Proceedings - Article 227 - Summary: The court utilized its supervisory power under Article 227 of the Constitution to stay proceedings pending a decision on an application for condonation of delay, emphasizing the necessity to avoid infructuous appeals.
Fact of the Case:
The petition seeks to stay proceedings in E.P.No.53/2021 until the CMA No.10/2021 is resolved. The Subordinate Judge's delay in adjudicating the petitions due to health issues necessitated the intervention.
Finding of the Court:
The court confirmed that all further proceedings in E.P.No.53/2021 should be put on hold until a decision is taken on I.A.No.3/2021 to prevent CMA No.10/2021 from becoming infructuous.
Issues: Whether to stay proceedings in E.P.No.53/2021 while awaiting a decision on the condonation of delay application in CMA No.10/2021.
Ratio Decidendi: The application of supervisory powers under Article 227 is warranted to ensure that higher courts does not disregard the principles of effective justice and avoid infructuous legal proceedings.
Final Decision: Stay granted on further proceedings in E.P.No.53/2021 until I.A.No.3/2021 is resolved.
J U D G M E N T
The original petition is filed, to stay all further proceedings in E.P.No.53/2021 of the Court of the Munsiff, Mananthavady, till the disposal of CMA No.10/2021 by the Court of the Subordinate Judge, Sulthan Bathery.
2. Pursuant to the orders passed by this Court on 24.06.2022, the learned Subordinate Judge, Sulthan Bathery, by communication dated 08.07.2022, has informed this Court that CMA No.10/2021 has been filed challenging the order in I.A.No.837/2018 of the Court of the Munsiff, Mananthavady. Along with this appeal, the appellant has filed I.A.Nos.3 & 4/2021 to condone the delay of 677 days in filing the appeal and to stay the execution of the impugned decree. The respondents have entered appearance and filed their counter statement to the above applications. I.A.No.3/2021, the application to condone the delay, is posted for enquiry to 12.07.2022. As the learned Subordinate Judge was afflicted with corona virus, he could not dispose of the applications as expected. Nonetheless, he seeks two months’ time to dispose of the above applications.
3. Heard; Sri.M.B. Shyni, the learned counsel for the petitioners and Sri. Nirmal V. Nair, the learned counsel appearing for the respondents.
4. In the light of the pleadings and materials on record and the communication of the learned Subordinate Judge, I am of the definite view that all further proceedings in E.P.No.53/2021 in O.S.No.100/2015 of the Court of the Munsiff, Mananthavady, has to be kept in abeyance till a decision is taken on I.A.No.3/2021, otherwise, it would render CMA No.10/2021 infructuous.
In the result, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India , I direct the Court of the Subordinate Judge, Sulthan Bathery, to consider and dispose of I.A.No.3/2021 in CMA No.10/2021, in accordance with law, as expeditiously as possible, at any rate, on or before 02.09.2022. Until such time a decision is taken on I.A.No.3/2021, all further proceedings in E.P.No.53/2021 of the Court of the Munsiff, Mananthavady, shall be kept in abeyance.
Sd/-
C.S.DIAS,JUDGE DST/13.07.22 //True copy/
P.A.To Judge APPENDIX PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF PLAINT IN O.S. NO.100/2015 DATED 9/4/2015 OF THE MUNSIFF-
MAGISTRATE COURT, MANANTHAVADY EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN O.S.
NO.100/2015 23/10/2018 OF THE MUNSIFF-
MAGISTRATE, MANANTHAVADY EXHIBIT P3 A TRUE COPY OF THE ORDER PASSED BY THE MUNSIFF-MAGISTRATE COURT, MANANTHAVADY IN I.A.NO.837/2018 IN O.S.NO.100/2018 DATED 30/10/2019 EXHIBIT P4 A TRUE COPY OF APPEAL MEMORANDUM IN CMA NO. 10/2021 OF THE SUBORDINATE JUDGE'S COURT, SULTHAN BATHERY EXHIBIT P5 A TRUE COPY OF PETITION IN I.A.NO.2/2021 IN CMA NO. 10/2021 OF THE SUBORDINATE JUDGE'S COURT, SULTHAN BATHERY EXHIBIT P6 A TRUE COPY OF E.P.NO. 53/2021 OF MUNSIFF-MAGISTRATE COURT, MANANTHAWADY, DATED 8/7/21 EXHIBIT P7 A TRUE COPY OF THE NOTICE DATED 13/7/21 IN E.P.NO. 53/2021 OF MUNSIFF-
MAGISTRATE COURT, MANANTHAVADY RESPONDENTS’ EXHIBITS: NIL
