JUDGMENT

The petitioner claims to be the only legal heir of one Kunhimalu Amma. Late Kunhimalu Amma's brother late Kuttikrishnan Nair was maintaining some Fixed Deposits with the 1^st respondent bank. According to the petitioner, since late Kuttikrishnan Nair had died intestate leaving only the petitioner's late mother as his sole legal heir, on the application of late Kunhimalu Amma, the court of the Subordinate Judge, Ottapalam, issued Ext.P1 Succession Certificate in O.P.(Succession)No.4/2011 authorizing her to collect a sum of Rs.1,50,000/- which was in deposit in the name of late Kuttikrishnan Nair with the 1^st respondent bank. It is stated by the learned counsel for the petitioner that, by virtue of Ext.P1 Succession Certificate, late Kunhimalu Amma was also authorized to collect a Fixed Deposit of Rs.2 lakhs with the Canara Bank, Chalavara Branch. It is submitted that, after Ext.P1 Succession Certificate was issued, the amount deposited in Canara Bank in the name of late Kuttikrishnan Nair was released to late Kunhimalu Amma, but the Fixed Deposit in the 1^st respondent bank was not released.

2. Despite service of notice, there is no appearance for the 1^st respondent bank.

3. Hav