V. RAMKUMAR, J.: - In this appeal filed under Sec.384 of the Indian Succession Act, 1925 the petitioner who is the sole legal heir and successor of deceased P. K. Hymavathy, challenges the order dated 14 - 10 - 2005 passed by the Subordinate Judge, Ernakulam in Succession O.P.20/05. The said original petition was filed under Sees.371 and 372 of the Indian Succession Act praying for a succession certificate in respect of certain bank deposits totalling to Rs.1,95,695.73 and in respect of 6 cents oflanded property with a building thereon.

Even though the Court below as per the impugned order held that the appellant is the sole legal heir of the said Hymavathy who died intestate on 29 - 1 - 2004 and allowed the original petition granting a succession certificate in respect of the bank deposits which were detailed in Schedule I of the Original Petition, that Court disallowed relief in respect of the immovable property described in II schedule to the said original petition. It is aggrieved by that part of the impugned order which has declined to grant a succession certificate in respect of the immovable property that the appellant has preferred this appeal.

2. We heard Adv. Sri

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