HIGH COURT OF KERALA
C.S. DIAS, J
PARAMASIVAN – Appellant
Versus
POABS ENTERPRISES PVT.LTD – Respondent
OP(C) 631 2023
Supervisory - Original Petition - Article 227 - The court directed the issuance of certified copies of orders and deferred further proceedings.
Fact of the Case:
An original petition was filed challenging the proceedings from a lower court, citing the non-issuance of certified copies crucial for the case's progress.
Finding of the Court:
The court determined that the petitioners had requested certified copies, which were necessary for the suit's continuation, warranting direction to the lower court.
Issues: Whether the court should mandate the issuance of certified copies of orders and defer proceedings in the pending suit.
Ratio Decidendi: The court emphasized the necessity of providing essential documents for a fair trial and ensured due process by delaying further proceedings.
Final Decision: The court directed the lower court to issue certified copies and deferred proceedings for two weeks.
J U D G M E N T
The original petition is filed challenging Exts P11 and P12 proceedings dated 18.03.2023 & 20.03.2023, respectively, passed by the Court of the Munsiff, Peermade, in O.S.No.180/2013.
2. The Registry has noted a defect that the petitioners have not produced the certified copies of the orders leading to the above proceedings.
3. Today, when the original petition was taken up for consideration, Sri. C.S. Manilal, the learned counsel appearing for the petitioner submitted that although the petitioners have submitted Application No.170/2023 on 22.03.2023, to obtain the certified copies of the orders leading to Exts P11 and P12 proceedings, the same has not been issued. Yet, the court below is proceeding with the disposal of the suit, which is causing hardship to the petitioners. Therefore, the petitioners would be satisfied, if the court below is directed to issue the certified copies of the orders passed in Exts P11 and P12 proceedings.
4. Heard; Sri. C.S.Manilal, the learned counsel appearing for the petitioners. In view of the limited relief that I propose to pass, I dispense with notice to the respondents.
5. On a consideration of the pleadings and materials on record, and taking note of the fact the petitioners have alre proceedings ady submitted Application No.170/2023 to obtain the certified copy of the orders in Exts P11 and P12 proceedings, I am of the view that the court below is to be directed to issue the certified copies of the orders within a time frame and until such time to defer further proceedings in the suit.
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 Munsiff, Peermade, is directed to issue the certified copies of the orders dated 18.03.2023 & 20.03.2023 applied by the as per Application No.170/2023, in accordance with law, if the application is in order, within one week from today.
(ii)The Court of the Munsiff, Peermade, is directed to defer further proceedings in O.S.No.180/2013 by a period of two weeks from today.
Sd/-
C.S.DIAS,JUDGE DST/27.03.2023 //True copy/
EXHIBIT P1 A TRUE COPY OF THE PLAINT IN O.S 180/13 ON THE FILE OF MUNISIFF COURT, PEERMADE DATED
26.9.2013 EXHIBIT P2 TRUE COPY OF THE PLAINT IN O.S. 221/11 ON THE FILE OF MUNISIFF COURT PEERMADE EXHIBIT P3 TRUE COPY OF THE WRITTEN STATEMENT IN O.S.
180/13 ON THE FILE OF MUNISIFF COURT PEERMADE DATED 1.1.2014 EXHIBIT P4 TRUE COPY OF WRITTEN STATEMENT IN O.S.
221/2011 ON THE FILE OF MUNSIFF COURT PEERMADE DATED 5.1.2016 ALONG WITH ADDL.STATEMENT DATED 6.11.2019 EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 22.11.2022 IN THE O.P. (C). 1623/2020 EXHIBIT P6 TRUE COPY OF AMENDED WRITTEN STATEMENT IN O.S. 180/13 ON THE FILE OF MUNISIFF COURT PEERMADE DATED 12.1.2023 EXHIBIT P7 TRUE COPY THE PROOF AFFIDAVIT IN O.S.
180/13 ON THE FILE OF MUNISIFF COURT PEERMADE DATED 25.6.2020 EXHIBIT P8 TRUE COPY THE COMMISSION REPORT OF THE ADVOCATE COMMISSIONER DATED 12.12.2018 EXHIBIT P9 TRUE COPY THE DEPOSITION OF PW2 ADVOCATE COMMISSIONER EXHIBIT P10 TRUE COPY THE DEPOSITION OF PW3, SURVEYOR EXHIBIT P11 TRUE COPY THE PROCEEDINGS ON 18.03.2023 TAKEN FROM E-COURTS EXHIBIT P12 TRUE COPY THE PROCEEDINGS ON 20.03.2023 TAKEN FROM E-COURTS RESPONDENTS’ EXHIBITS: NIL
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.