IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 FAO.No. 69 of 2008() -------------------- I.A. NOS. 374 & 375/07 IN LAOP.36/2005 of ADDL.DISTRICT COURT, THRISSUR APPELLANT/PETITIONER: USHA VARGHESE CHAKOLA, AGED 45 YEARS, W/O. VARGHESE, CHAKOLA HOUSE, IX/199, MISSION QUARTERS, CHEMBUKAVU VILLAGE, THRISHIVAPERUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.MANJERI SUNDERRAJ SRI.B.PREMNATH (E) RESPONDENTS: 1. THE COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS, CENTRAL EXCISE COMMISSIONERATE, CALICUT-673 001. 2. PAUL CHAKOLA, AGED 24 YEARS, S/O. VARGHESE CHAKOLA, CHAKOLA HOUSE, IX/199, MISSION QUARTERS, CHEMBUKAVU VILLAGE, THRISHIVAPERUR TALUK, THRISSUR DISTRICT. ADDITIONAL RESPONDENT NO. 3:- V.P. KRISHNA KUMAR, AGED 41 YEARS, S/O. A.R. PISHARADY, HARI VIHAR, SHASTA NAGAR, PATTURAIKAL, TRICHUR. (ADDL. R3 HAS BEEN IMPLEADED AS PER ORDER DATED 27.1.2009 IN I.A. 274/2009.) ADV. SRI.C.S.AJITH PRAKASH, CGC FOR R1 SRI.TOJAN J.VATHIKULAM,SC, CENTRAL EXCISE & CUSTOMS) ADVS. M/S. RAJIT & RANJIT BABU FOR R3 SMT.K.K.PREETHA FOR R2 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = F.A.O. NO. 69 OF 2008 = = = = = = = = = = = = = = = DATED THIS, THE 15TH DAY OF JULY, 2009. J U D G M E N T Raman, J. This is an appeal against an order reopening the probate granted. On an application moved by the Excise Department challenging the Will, the court below held that in so far as there is a challenge now made enabling the applicant to adduce evidence the probate granted shall be reopened and the case was reopened. It is against the same that the present appeal is filed. But during the pendency of the matter, it is submitted that whatever amounts due and payable to the Central Excise Department has since been paid and they are not interested in contesting the matter If so, the parties can move the court below for appropriate orders in this regard. Subject to the above, the appeal is closed. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-