This Civil Revision Petition is filed by the defendants against the order dated 30.6.2008 passed in EP.No.30/2003 in OS.No.337/1997 by the learned District Munsif cum Judicial Magistrate, Bodinayakanur.

2. The respondents have filed a suit in OS.No.1180/1973 before the District Munsif, Periakulam for partition of family properties through their mother/guardian as they were minors while filing the suit. The said suit was dismissed, as against which the respondents filed an appeal in AS.No.36/1989 and the same was allowed and a preliminary decree was passed on 28. 1977 granting 3/4th share in items (2) to (8) of the suit properties. Thereafter final decree had also been passed on 19. 1989.

3. The father of the petitioners by name Veerathevar had purchased an extent of 2 acres 53 cents of nanja land in S.No.105/2A in Bodinayakanur Village under a registered sale deed dated 7. 1982, which also form part of the partition suit. The said Veerathevar had filed an appeal in AS.NO.36/1989 before the Sub Court, Periyakulam and the same was allowed and the decree dated 112. 1991 was passed on the basis of the joint memo dated 110. 1990 recorded on 210. 1990. As per the decree date