Jasbir Kaur Chhatwal vs Smt. Manjit Kaur Chaudhary
2023 Latest Caselaw 3834 Tel

             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.

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.

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

THE HON'BLE SRI JUSTICE P.SAM KOSHY

C.R.P. No. 3266 of 2023

Dated: 10.11.2023

Pvt