The court reinforced the right to timely access to judicial decisions as critical for effective appeal processes.

JUDGMENT

The original petition is filed, inter alia, to set aside Ext.P13 proceedings dated 04.02.2023 passed in E.P. No.98/2022 by the Court of the Munsiff, Koyilandy. The petitioner is the judgment debtor and the respondents are the decree holders in the execution petition.

2. The relevant background facts leading to Ext.P13 proceedings, are:-

(i) The petitioner had filed O.S. No.156/2020, before the above court against the respondents, for a decree against forceful eviction. In the said suit, the respondents raised a counter claim for a decree of eviction. The suit was dismissed and the counter claim was decreed. Challenging the judgment and decree, the petitioner filed A.S. Nos.55 and 56 of 2022 before the court of the Subordinate Judge, Koyilandy (lower Appellate Court). The lower Appellate Court did not stay the execution of the decree. Then, the respondents proceeded to execute the decree and consequently Ext.P13 proceedings have been passed. Hence, the original petition is filed.

3. Heard; Sri.Abraham Mathew (Vettoor), the learned counsel appearing for the petitioner and Sri. M.Pramodh Kumar, the learned counsel appearing for the respondents.

4. Sri. Abraham Mathew fairly submitted that pending the original petition, the lower Appellate Court has dismissed the appeals on 24.02.2023. In view of the dismissal of the appeals, the petitioner confines the original petition for a limited relief to direct the lower Appellate Court to issue the certified copies of the judgments passed in the appeals within a reasonable time period and until such time, the execution proceedings may be directed to be kept in abeyance, in order to enable the petitioner to workout his remedies, otherwise, it would cause severe prejudice and hardship to the petitioner. The above submission is not seriously opposed by Sri. M Pramodh Kumar.

5. On an analysis of the pleadings and materials on record and taking note of the submissions made across the bar, I am of the view that the lower Appellate Court is to be directed to issue the certified copies of the judgments passed in the above appeals within a reasonable time period and until such time the execution proceedings be kept in abeyance, which will do complete justice to both sides.

Resultantly, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India , I dispose of the original petition as follows:-

(i) The court of the Subordinate Judge, Koyilandy is directed to issue the certified copies of the judgments passed in A.S. Nos.55 and 56 of 2022, in accordance with law, if the applications are in order, within a reasonable time period of three weeks from the date of receipt of a certified copy of the judgment.

(ii) The court of the Munsiff, Koyilandy is directed to defer further proceedings in E.P.No.98/2022 by one week from the date the certified copies of the judgments in A.S.

Nos.55and 56 of 2022 are ready for delivery.

SD/-

C.S.DIAS, JUDGE rmm28.02.2023 APPENDIX OF OP(C) 437/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT IN O.S. NO. 156 OF 2020 OF THE MUNSIFF'S COURT, KOYILANDY DATED 04-08-2020 Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT AND COUNTER CLAIM FILED BY THE DEFENDANTS IN O.S. NO. 156/2020 OF THE HON'BLE MUNSIFF'S COURT, KOYILANDY DATED 26-08-

2020 Exhibit P3 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER TO THE COUNTER CLAIM IN O.S. NO. 156/2020 OF THE HON'BLE MUNSIFF'S COURT, KOYILANDY DATED SEPTEMBER, 2020 Exhibit P4 A TRUE COPY OF THE JUDGMENT PASSED BY THE HON'BLE MUNSIFF'S COURT, KOYILANDY IN O.S. NO. 156 OF 2020 DATED 08-08-2022 Exhibit P5 A TRUE COPY OF THE MEMORANDUM OF APPEAL IN A.S. NO. 55 OF 2022 OF THE HON'BLE SUB COURT, KOYILANDY DATED 06-10-2022 Exhibit P6 A TRUE COPY OF THE MEMORANDUM OF APPEAL IN A.S. NO. 56 OF 2022 OF THE HON'BLE SUB COURT, KOYILANDY DATED 06-10-2022.

Exhibit P7 A TRUE COPY OF I.A. NO. 1 OF 2022 AND THE SUPPORTING AFFIDAVIT FILED IN A.S. NO. 55 OF 2022 OF THE HON'BLE SUB COURT, KOYILANDY