Zerita Ashlen Rocha vs Ann Mary Varghese
2023 Latest Caselaw 960 Ker

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OP(C) No.117 of 2023


             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
   TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                          OP(C) NO. 117 OF 2023
     AGAINST THE ORDER/JUDGMENT CA 3/2022 OF THE COMMERCIAL
                       APPELLATE    COURT, ERNAKULAM
PETITIONER/S:

             ZERITA ASHLEN ROCHA
             AGED 37 YEARS
             D/O ASHLEN ANTONY ROCHA, RESIDING AT 10/152, 4E,
             INFRA VANTAGE, CSEZ, CHITTETHUKARA, , PIN - 682037
             BY ADVS.
             AMRIN FATHIMA
             GOPIKA T.G.
             REJI R.


RESPONDENT/S:

     1       ANN MARY VARGHESE
             W/O THOMAS FRANCIS, VADAKKEL, ERINJERI HOUSE,
             SUNRISE, MARTHABHAVAN ROAD, KIZHAKKUMPATTUKARA,
             KANAYANNURTALUK, ERNAKULAM DISTRICT, PIN - 682030
     2       STELLA MARIE ASHLEN
             W/O ASHLEN ANTONY ROCHA, RESIDING AT HOUSE NO.19/89
             C2, FLAT NO. 1C TULASI PLUS SQUARE, PUTHUSSERY
             MUGAL, PUTHIYA ROAD, KANGARAPADY, KANAYANNUR TALUK,
             ERNAKULAM DISTRICT, PIN - 682021



             SMT.NIKHITHA SUSAN- R1


      THIS    OP    (CIVIL)   HAVING      COME   UP   FOR   ADMISSION   ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(C) No.117 of 2023


                              C.S DIAS, J.
                       ---------------------------
                    OP(C) No.117 of 2023
                      -----------------------------
            Dated this the 17th day of January, 2023.

                             JUDGMENT

The original petition is filed to direct the Court of the

Commercial Appellate Court, Ernakulam, to issue the

certified copy of the order dated 3.1.2023 in CA

No.3/2022 within a time frame and until such time to stay

all further proceedings in CS No.263/2022 before the

second Additional Commercial Court, Ernakulam.

2. The facts leading to the filing of the original

petition are as follows:- Being aggrieved by order dated

2.11.2022 passed in IA No.2/2022 in CS No.263/2022 by

the Second Additional Commercial Court, Ernakulam, the

petitioner filed CA No.3/2022 before the Commercial

Appellate Court, Ernakulam. The Commercial Appellate

Court, by judgment dated 3.1.2023, has dismissed the

appeal. The petitioner proposes to challenge the

judgment before this Court. Even though the petitioner

has applied for the certified copy of the judgment, the

OP(C) No.117 of 2023

same has not been issued. But, the Commercial Court is

proceeding with the trial in CS 263/2022, which would

cause prejudice to the petitioner. Hence the original

petition.

3. Heard; Smt.Amrin Fathima, the learned counsel

appearing for the petitioner and Smt.Nikhitha Susan, the

learned counsel appearing for the first respondent. In

view of the limited relief that I propose to pass, I dispense

with notice to the second respondent.

4. On a consideration of the pleadings and

materials on record, and taking note of the fact that the

petitioner has already filed an application to obtain the

certified copy of the judgment in CA No.3/2022 of the

Commercial Appellate Court, Ernakulam, I am of the view

that the original petition is to be allowed.

In the result, in exercise of the supervisory powers of

this Court under Article 227 of the Constitution of India, I

dispose of the original petition in the following manner:

(i) The Commercial Appellate Court, Ernakulam

is directed to issue the certified copy of the judgment

OP(C) No.117 of 2023

passed in CA No.3/2022, in accordance with law, if

the application is in order, within a period of two

weeks from today.

(ii) The Second Additional Commercial Court,

Ernakulam is directed to defer all further

proceedings in CS No.263/2022 for a period of one

week from the date the judgment is issued in CA

No.3/2022.

The original petition is ordered accordingly.

sd/-

Sks/17.1.2023                               C.S.DIAS, JUDGE

OP(C) No.117 of 2023


                       APPENDIX OF OP(C) 117/2023

PETITIONER EXHIBITS
ExhibitP1           A TRUE COPY OF THE APPEAL IN C.A. NO.

3/2022 FILED BY THE DEFENDANTS BEFORE THE HON'BLE COMMERCIAL APPELLATE COURT, ERNAKULAM ExhibitP2 A TRUE COPY OF THE COMPUTER PRINTOUT OF THE E-COURT PROCEEDINGS IN C.A. NO. 3/2022 OF THE HON'BLE COMMERCIAL APPELLATE COURT, ERNAKULAM