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2026 Supreme(Online)(Ker) 31012

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. Ravi, J
Grace Philip – Appellant
Versus
Prem Chandran – Respondent
OP(C) NO. 1283 OF 2026



Advocates:
For the Appellants/Petitioners: P.Haridas, Biju Hariharan, Shijimol M.Mathew, P.C.Shijin, Roshin Mariam Jacob, Aiswarya Raj
For the Respondents: Manu Ramachandran, M.Kiranlal, R.Rajesh, Sameer M Nair, Sailakshmi Menon, Binitha Maria Thomas, Akza Susan Bency

The High Court may dispose of an original petition by directing the lower appellate court to decide pending interlocutory applications in accordance with the law while the main appeal is active, rather than interfering with interim orders on merits.

Headnote:The original petition was filed seeking judicial intervention due to a delay in obtaining certified copies of an order. The parties were engaged in litigation before the trial court, and subsequent to the receipt of the certified copies, an appeal (C.M.Appeal No.18/2026) was initiated. The primary issue concerned the continuation of an interim order granted by the High Court pending consideration of an interlocutory application before the First Appellate Court. The court reasoned that since the appellate process had commenced, the determination of interim relief should appropriately be handled by the lower appellate forum rather than through the original petition. The original petition is closed with a direction to the District Court to consider and pass orders on the relevant interlocutory application in the pending appeal.

JUDGMENT

The original petition was filed when there was delay in getting certified copy. Certified copies have been issued on 20.04.2026. An amendment application has been filed producing the C.M.Appeal No.18/2026 and the Interlocutory Application filed in the First Appellate Court. The counsel for the petitioner prays that the interlocutory order which is passed by this Court may continue till the consideration of the Interlocutory Application before the Fist Appellate Court. The prayer is opposed by the respondent stating that this Court had granted an order only since it was submitted that the copy application was pending and copy has not been received. It is stated that copy had been issued immediately after the interim order was passed by this Court, on 20.04.2026 itself. It is also submitted that on 23.05.2026 and 25.05.2026 the matter had been listed. The order granted by this Court is in force till 29.05.2026.

In the above circumstances, this original petition is closed with a direction to the District Court, Pathanamthitta to consider and pass orders on I.A.No.1/2026 in C.M.A.No.18/2026, if the same is moved either today or on 29.05.2026. This Court is not passing any orders on the merits of the contentions and this direction is issued only to facilitate the petitioner to move the court for orders. The First Appellate Court shall consider the application in accordance with law untramelled by the observations made in this judgment.

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