IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 19225 of 2009(O) --------------------------------------- (IA NO.3378/09 IN OS.NO.892/2008 OF II ADDL.SUB COURT,ERNAKULAM) .................... PETITIONER: ------------------- KISHORE RATNAN, S/O.SONARATNHAN, PERMANENTLY RESIDING AT CHONEKATT HOUSE, UDAYAMPEROR P.O, PIN-682 307, NOW EMPLOYED AS ENGINEER, PO.BOX.9325, DUBAI, UAE, REPRESENTEDBY POWER OF ATTORNEY HOLDER AND FATHER-SONARATNAN, CHONEKATT HOUSE, UDAYAMPEROR P.O, PIN:682 307. BY ADV. MR.M.P.RAMNATH. RESPONDENTS: ------------------------ 1. SANTHAKUMARI, W/O.PANKAJAKSHAN, KANCHEEPURATH HOUSE, EANATHIKARA, VAIKOM TALUK, KOTTAYAM DISTRICT. 2. KARTHIYANI, AGED 90 YEARS, W/O.RAMAN, CHONNEKATTU HOUSE, UDAYAMPEROOR MURI, MANAKKUNNAM VILLAGE, UDAYAMPEROR P.O, PIN-682 307. 3. SONARATNAN, S/O. RAMAN, CHONNEKATTU HOUSE, UDAYAMPOEROOR MURI , MANAKKUNNAM VILLAGE, UDAYAMPEROR P.O. PIN-682 307 4. VARNINI, AGED 58 YEARS, W/O.MUKANDAN, MOZHIKKODATHU HOUSE, BRAHMANGALAM KARA, CHEMBU VILLAGE, VAIKKOM TALUK. W.P.(C). NO.19225/2009-O: 5. KIRAN RATNAN, S/O.SONARATNAN, PEMANENTLY RESIDING AT CHONEKKATTU HOUSE, UDAYAMPEROOR P.O, PIN-682 307, EMPLOYED AS Q.C.ENGINEER,M/S.AMEC GROUP LTD, PO.BOX 28250, SAFAT, 13143, KUWAIT AND REPRESENTED BY POWER OF ATTORNEY HOLDER AND FATHER-SONARATNAN, CHONEKATT HOUSE, UDAYAMPEROOR.P.O., PIN – 682 307. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.19225 OF 2009 -------------------------- Dated this the 9th day of July 2009 ------------------------------------- JUDGMENT Writ petition is filed challenging an order passed by the learned Additional Sub Judge, Ernakulam declining the request of second defendant to represent 5th defendant on the basis of a power of attorney executed by that defendant. Suit is one for partition. Admittedly, the 5th defendant is now abroad, and his father, the second defendant is his power of attorney. Copy of the power of attorney appointing the second defendant as his agent to defend the suit by the 5th defendant is produced as Ext.P2. After going through Ext.P2, I find Ext.P6 order cannot be sustained. Having regard to the facts presented with reference to Ext.P6 order I find no notice to the respondents is W.P.(C).No.19225 OF 2009 2 required, and hence it is dispensed with. setting aside Ext.P6 order I direct the court below to permit the power of attorney, second defendant, to represent and defend the 5th defendant in the suit. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv