IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 WP(C).No. 7224 of 2010(O) ------------------------- OPLA.89/1995 of DISTRICT COURT, PATHANAMTHITTA .................... PETITIONER: --------------- REJI MATHEW S/o. MATHEWKUTTY THONDEN VELIL HOUSE, MUTTAM MURI KURAMPALA VILLAGE BY ADV. SRI.PHILIP M.VARUGHESE RESPONDENTS: --------------- NIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.7224 of 2010 --------------------------------------- Dated this 16th day of August, 2010 JUDGMENT Petitioner obtained an order for letters of administration in O.P.(L.A.)No.89 of 1995 of the court of learned District Judge, Pathanamthitta in respect of the Will produced and marked as Ext.A1 in the case vide Ext.P1, order. Later, petitioner thought that it is not necessary to get letters of administration engrossed in the stamp paper with copy of Will annexed. Thereon petitioner filed I.A.No.554 of 2009 for return of the original Will. That application was rejected by the learned District Judge vide Ext.P3, order. Learned counsel contends that in view of Section 94 of the Indian Succession Act since petitioner does not want letters of administration with copy of Will annexed original Will need not be kept on the file of court and that petitioner is entitled to get back the original Will. 2. It is not necessary for me to go to the correctness of contention raised by learned counsel since it is seen that learned District Judge has not considered claim of petitioner for return of the document and instead, disposed of the application by a non speaking order. It is not clear from Ext.P3, order on what ground W.P.C.No.7224 of 2010 : 2 : application preferred by petitioner was rejected. Hence the order under challenge cannot be sustained. Resultantly this writ petition is allowed. Ext.P3, order is set aside. I.A.No.554 of 2009 (O.P.(LA).No.89 of 1995) is remitted to the court of learned District Judge to pass appropriate orders as provided under law. (THOMAS P JOSEPH, JUDGE) Sbna/-