THE HON'BLE SRI JUSTICE P.SAM KOSHY
C.R.P. No. 3266 of 2023
ORDER:
Heard Ms. Vinita R Chauhan, learned counsel for the petitioner and perused the record.
2. The instant civil revision petition has been filed seeking for a specific direction to the trial Court for the release of certified copy of the order pronounced on 21.07.2023 in O.S.No.141 of 2015 on the file of the learned XXVII Additional Chief Judge Court, City Civil Court, Secunderabad.
3. According to the petitioner, the urgency for the filing of the civil revision petition was that the period directed by the trial Court for vacation of the suit premises is coming to an end. That she had also applied for the issuance of certified copy of the order on 25.07.2023 for the purpose of further challenge to the said order, but till date she has not received the same. In the absence of obtaining the certified copy, her right to prefer an appeal is getting extinguished on one hand and at the same time, period of compliance of the judgment and decree by the trial Court is coming to an end. That if it is not complied with, there is all possibility of forceful measures being adapted by the decree holder for getting the judgment dated 21.07.2023 executed.
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4. Earlier also, this Court has come across such instances where the trial Court was not in a position to provide the certified copy to the parties promptly after the judgment and decree was pronounced. It appears that the trial Court is retaining the file even after the pronouncement of the judgment for correction and finalization of the same, which otherwise is totally impermissible, unacceptable and beyond the powers of the officer concerned. Once when the matter is pronounced and signed in the open Court, the order is required to be immediately sent to the concerned Section enabling the parties to obtain the copy so that either of the parties may avail their legal remedy of challenging the same, if so aggrieved by the same. The parties cannot be rendered remediless only on account of inaction on the part of the Court in not providing the certified copy within a reasonable period of time.
5. In the given circumstances of the case, we are inclined to allow the present civil revision petition at the motion stage itself with a specific direction to the trial Court that since the judgment has been pronounced on 21.07.2023 and the petitioner having applied for the certified copy immediately on 25.07.2023, necessary steps shall be taken ensuring that the certified copy is released forthwith without any further delay.
6. Accordingly, the Civil Revision Petition stands allowed. 3
7. Let the copy of this order be also sent to the Principal District Judge, City Civil Court, Hyderabad in ensuring that necessary instructions are issued to all the Judicial Officers directing them to ensure that after a particular judgment is pronounced, the file should not be retained back in the Court unnecessarily for no reasons. It should be immediately sent to the concerned section for further proceedings. No order as to costs.
Consequently, miscellaneous petitions pending, if any, shall stand closed.
_________________ P.SAM KOSHY, J Dated: 10.11.2023 Pvt 4 1204 THE HON'BLE SRI JUSTICE P.SAM KOSHY C.R.P. No. 3266 of 2023 Dated: 10.11.2023 Pvt