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PONNAMMA ALEXANDER versus T.M.MATHEW

High Court of Kerala

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PONNAMMA ALEXANDER v. T.M.MATHEW - MFA No. 1095 of 1998(Y) [2007] RD-KL 10015 (11 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 1095 of 1998(Y)

1. PONNAMMA ALEXANDER
... Petitioner

Vs

1. T.M.MATHEW
... Respondent

For Petitioner :SRI.JOSEPH MARKOSE

For Respondent :SRI.V.G.ARUN

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice K.P.BALACHANDRAN

Dated :11/06/2007

O R D E R

J.B.KOSHY & K.P.BALACHANDRAN, JJ.

M.F.A.No.1095 OF 1998 Dated 11th June, 2007

JUDGMENT

Kos

hy,J.

First respondent filed a petition for issuance of Letters of Administration of a Will dated 5.8.1989. The appellant filed an objection stating that it was a forged Will. At that time, first respondent sought permission to withdraw the application and it was dismissed as withdrawn. Contention of the appellant is that since it was stated that it was a forged Will, petition for issuance of Letters of Administration should have been converted and tried as a suit. Application of the first respondent was withdrawn by him. Therefore, his rights are not adjudicated. By this order none of the rights of the appellants are affected. Therefore, it cannot be stated that there is any cause for filing appeal against the order allowing withdrawal of the petition for Letters of Administration. We further note that appeal was filed in 1998. Notice to respondents 3 to 5 are not served so far. In any event, there is no merit in the appeal. Impugned order will not affect any of the rights of the appellants. The appeal is dismissed. J.B.KOSHY

JUDGE

K.P.BALACHANDRAN

JUDGE

tks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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