AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
7 paragraphs · 413 wordsC.S Dias, J
The original petition is filed to direct the Court of the Munsiff, Kozhikode, to issue the carbon copy/certified copy of the orders dated 21.07.2022 in I.A. Nos.10,11,12 of 2022 in O.S.No.440/2017.
The concise case of the petitioner is that, he is the plaintiff in the above suit which is filed against the respondents. The petitioner had examined the Advocate Commissioner. During the examination of the Advocate Commissioner, he testified that he could not speak anything about the plan prepared by the surveyor. In the said circumstances, the petitioner had filed the above applications to re-open the evidence, to recall the Advocate Commissioner and to produce the additional documents. He has also filed application to summon the surveyor to prove the plan. The said application has not been numbered. However, the court below by order dated 21.07.2022, has dismissed all the applications.
Even though, the petitioner has submitted an application for the issuing carbon copy/certified copy of the above orders, the same has not been issued. But, the court below is hastily proceeding with the suit. The petitioner proposes to challenge the orders. If the suit is disposed of in the meantime, it would cause grave prejudice to the petitioner. Hence, the original petition.
Heard; Sri. Terry V James, the learned counsel appearing for the petitioner and the learned Assistant Solicitor General of India appearing for the respondents.
On a consideration of the pleadings and materials on record and taking note of the fact that the petitioner has already submitted an application for carbon copy/ certified copy of the orders in the above mentioned applications and the same has not been issued, I am of the view that the court below is to be directed to issue the carbon copy of the orders passed in the above applications and until such time the further determination of the suit is to be deferred.
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 Munsiff, Kozhikode to issue carbon copy/ertified copy of the orders dated 21.07.2022 in IA Nos.10,11,12 of 2022 in O.S. No.440/2017 and any other orders that has been applied for by the petitioner. In the meantime, the court below shall defer all further proceedings in O.S. No.440/2017 by a period of ten days from the date of issuance of the carbon copy/certified copy of the orders in the above applications.