Usha Varghese Chakola vs The Commissioner Of Central … on 15 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

FAO.No. 69 of 2008()


1. USHA VARGHESE CHAKOLA, AGED 45 YEARS,
                      ...  Petitioner

                        Vs



1. THE COMMISSIONER OF CENTRAL EXCISE AND
                       ...       Respondent

2. PAUL CHAKOLA, AGED 24 YEARS, S/O.

                For Petitioner  :SRI.MANJERI SUNDERRAJ

                For Respondent  :SRI.C.S.AJITH PRAKASH, CGC

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.BHAVADASAN

 Dated :15/07/2009

 O R D E R
                  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/-