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HIGH COURT OF KERALA
C.S. DIAS, J
KUMARI SEBASTIAN
– Appellant
Versus
STATE OF KERALA – Respondent
OP(C) 2016 2022
Petition - L.A.R Proceedings - Article 227 - Certified Copy Directive
Fact of the Case:
The petitioner filed a petition seeking a direction for the issuance of a certified copy of an order dismissing her application in L.A.R. No. 1/2017, claiming that ongoing proceedings would prejudice her rights prior to the issuance of said copy.
Issues: Whether the court can compel the issuance of a certified copy of an order and stay proceedings in an ongoing case pending its receipt.
Ratio Decidendi: The supervisory powers of the court under Article 227 permit intervention to ensure that procedural fairness is maintained, particularly where a party’s right to appeal is potentially prejudiced by ongoing proceedings.
Final Decision: The court directed the issuance of the certified copy and stayed further proceedings in L.A.R. No. 1/2017.
J U D G M E N T
The original petition is filed, to direct the Court of the IInd Additional District Judge, Ernakulam, to issue the certified copy of the order dated 11.10.2022 passed in I.A.No.4/2022 in L.A.R. No.1/2017 (Ext.P11) within a time frame and until such time, further proceedings in L.A.R.No.1/2017 to be kept in abeyance.
2. The petitioner has contended that she is the claimant in the above L.A.R. The petitioner had filed I.A.No.4/2022, to direct the Advocate Commissioner to re-visit the property. The application was opposed by the first respondent. The court below dismissed the above application on 11.10.2022. Even though the petitioner has filed an application to issue the certified copy of the order, the same has not been issued. Nonetheless, the court below is proceeding with the trial of the L.A.R. The petitioner proposes to challenge the order. If the court below proceeds with the trial, before issuing the order, it will cause prejudice to the petitioner. Hence, the original petition.
3. Heard; Sri. Mohan Jacob George, the learned counsel appearing for the petitioner, the learned Government Pleader appearing for the first respondent and Smt. M.U.Vijayalakshmi, the learned Standing Counsel appearing for the second respondent.
4. On an analysis of the pleadings and materials on record, and taking note of the fact that the court below has dismissed I.A.No.4/2022 on 11.10.2022 and the petitioner has already filed an application for the urgent certified copy of the order, I am inclined to allow the original petition.
In the result, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India , I dispose of the original petition in the following manner:
(i) The Court of the IInd Additional District Judge, Ernakulam, is directed to issue the certified copy of the order in I.A.No.4/2022 in L.A.R.No.1/2017, in accordance with law, if the application is in order, as expeditiously as possible, at any rate, within two weeks from today.
(ii) The court below is directed to defer all further proceedings in L.A.R.No.1/2017 by three weeks from today.
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