IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 OP(C).No. 581 of 2011(O) ------------------------ AGAINST THE ORDER DATED 22/12/2010 IN EP 73/2008 IN OS.770/2004 of ADDL.MUNSIFF COURT,CHERTHALA .................... PETITIONER/JUDGMENT DEBTOR ---------------------------------------------- UNNIKRISHNA PILLAI, S/O.PADMANABHA PILLAI, AGED 43 YEARS, RESIDING AT KAKKAPARAMBU VELIYIL AROOR MURI, AROOR VILLAGE, CHERTHALA, PIN 688534. BY ADV. DR.V.N.SANKARJEE RESPONDENT(S): DECREE HOLDER ---------------------------- SUKUMARA PILLAI, S/O.PADMANABHA PILLAI, ISWARYA HOUSE, AROOR MURI, AROOR VILLAGE, CHERTHALA, PIN 688534. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ O.P(C).No.581 OF 2011 ------------------------------ Dated this the 10 th day of February, 2011 JUDGMENT The Original Petition is filed challenging the order dated 22 nd December, 2010 in E.P.No.73 of 2008 in O.S.No.770 of 2004 on the file of the Court of the Additional Munsiff, Cherthala. The respondent herein filed the Execution Petition. He claimed that he is the legal representative of the original decree holder, namely, Padmanabha Pillai, on the ground that Padmanabha Pillai had executed a Will in his favour. The petitioner herein disputed the genuineness of the Will. The petitioner herein raised other contentions as well. 2. The Executing Court found that the Will executed by Padmanabha Pillai in favour of the respondent herein is genuine and valid. On that ground the Execution Petition was found to be maintainable at the instance of the respondent. O.P(C).No.581 OF 2011 2 3. Had the contention raised by the petitioner herein been accepted by the Executing Court, the Execution Petition would have been dismissed. If so, the test of applicability of Section 115 Code of Civil Procedure is satisfied. Therefore, the order impugned is revisable under Section 115 of the Code of Civil Procedure. Since a revision is maintainable, the Original Petition is closed with liberty to the petitioner to file a revision. K.T.SANKARAN, JUDGE. cms