IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 MFA ( INDIAN SUCCESSION ACT).No. 205 of 2007() --------------------- AGAINST THE ORDER DATED 06/08/2007 IN IA 954/06 IN OP(LA).52/1987 of DISTRICT COURT, PATHANAMTHITTA .................... APPELLANT: PETITIONER --------------------- SUNNY GEORGE, KUZHIVELIL HOUSE, KEEZHVAIPUR MURI, MALLAPPALLY VILLAGE AND TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.PHILIP MATHEW RESPONDENT: RESPONDENT ----------------------- MOLLY GEORGE, POLACHIRACKAL HOUSE, THAZHAKKARA, MAVELIKARA NOW RESIDING IN THE ADDRESS 30 PANCHAVADI SOCIETY, RAM NAGAR, RANDAR ROAD, SURAT, GUJARAT. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.F.A.(Indian Succession Act) No.205 of 2007 ------------------------------------------------- Dated, this the 31st day of March, 2008 JUDGMENT This appeal arises from an order passed by the District Judge, Pathanamthitta dismissing I.A.No.954/2006 in O.P.(LA) No.52/1987. O.P.(LA) No.52/1987 was filed by the late mother of the appellant for grant of letters of administration before the District Court, Pathanamthitta. Original Petition was dismissed by the court below holding that the appellant alone is entitled to get a letter of administration. The will was ordered to be kept in safe custody. The mother of the appellant died on 8.8.2006. After the death of mother the appellant filed I.A.No.954/2006 under Order XIII Rule 9 of Civil Procedure Code for return of original will produced and marked as Ext.A1 in O.P.(LA) No.52/1987. That application was dismissed by the court below holding that the appellant did not take steps to publish the notice. 2. Ext.A1 will is the title deed by which the appellant can claim the property. Even if there is some laches on the part of the appellant in prosecuting the proceedings, the learned District Judge ought to have given one more opportunity to the appellant to cure the defects. In fact the appellant had filed I.A. No.118/2007 under Order V Rule 20(1A) of the Civil Procedure Code for publication of notice and I.A.No.337/2007 for reviewing the order passed by the District Judge to keep Ext.A1 will under safe custody. Appellant also filed MFA No.205/2007 2 I.A.No.748/2007 for condoning the delay of 185 days in filing the petition to review the order directing safe custody of Ext.A1 will. 3. After hearing the counsel for appellant I am of the view that it is only just and proper that the appellant be given one more opportunity to prosecute the proceedings. So the orders passed by the learned District Judge in I.A.Nos.954/2006, 118/2007, 337/2007 and 748/2007 in O.P.(LA) No.52/1987 are to be set aside. In the result, the orders passed by the learned District Judge, Pathanamthitta in I.A.Nos.954/2006, 118/2007, 337/2007 and 748/2007 in O.P.(LA) No.52/1987 are hereby set aside. The court below is directed to take all those I.As back to file and dispose of the same afresh after giving a reasonable opportunity to the appellant to publish notice as prayed for in I.A.No.118/2007. The appellant shall appear in the court below on 26.5.2008. K. PADMANABHAN NAIR, JUDGE. cks