V. Ramkumar, J.

In this appeal filed under S.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 Ss.371 and 372 of the Indian Succession Act praying for a succession certificate in respect of certain bank deposits totaling to Rs.1,95,695.73 and in respect of 6 cents of landed 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 I 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. P.K. Ibrahim,