M NELSON BABU Vs. K KAMALESH BABU

JUDGEMENT

(1.) These Civil Revision Petitions are filed by the 2nd defendant against the order dated 12.6.2008 passed in I.A. Nos. 280 and 281 of 2008 in O.S. No. 99 of 2009 by the learned Principal District Munsif, Nagercoil, declining to review the order passed in I.A. No. 167 of 2008 dated 28.1.2008 and dismissing the petition filed under Order 7 Rule 11 of C.P.C. respectively.

(2.) The respondents/plaintiffs filed the above said suit to declare that the Document No. 547 of 2007 dated 13.2.2009 of Kottaram Sub Registry relating to the suit schedule properties in P10, 20/2, 20/3 of Nagercoil Village including the whole of the property as P10-20 in the document as non-est, unenforceable and in valid and to grant permanent injunction restraining the defendants from encroaching or trespassing or making any construction in the suit schedule property.

(3.) For better appreciation, few facts which are essentia! for the disposal of these Civil Revision Petitions are stated below: One late Kunjan Nadar had five sons viz. (1) Ravikumar, (2) Madhukumar, (3) K.T. Dhas, (4) K.E. Kamalesh Babu (1st plaintiff) and (5) Dr. K. Vijayakumar (2nd plaintiff). Since the plaintiffs are residing in USA, they had executed a Power of Attorney in favour Dr. R. Shylaja who is the daughter of K. Ravikumar, the brother of the plaintiffs. The Power Agent namely Dr. R. Shylaja had filed an application in LA. No. 167 of 2008 in O.S. No. 99 of 2008 to accept the power deed and permit her to represent her principals and the same had been allowed on 28.1.2008. Subsequently, the suit has been numbered as O.S. No. 99 of 2008. The petitioner herein had filed a petition in I.A. No. 281 of 2008 to review the said order and the same had been dismissed by the learned Principal District Munsif, Nagercoil by order dated 12.6.2008 as against which the petitioner has preferred C.R.P. No. 117 of 2008.