Madhav Shenoy v. Medha Kamath And 4 ORS

5 lp294-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO.294 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr.Pratik Kothari i/b M/s.I.C. Legal for the plaintiff CORAM : K. K. TATED, J.

DATE : NOVEMBER 3, 2017 P.C.:

1.

Heard the learned counsel for the petitioner plaintiff.

2.

By this Leave petition is under Clause XII of the Letters Patent, petitioner is seeking liberty to file Suit in this Hon'ble Court. He submits that one of the defendant is residing out of the jurisdiction of this court. He further submits that one of the property is situated outside the jurisdiction of this court. He submits that these facts are stated by them in paragraph 4 of the petition.

3.

Considering the submissions made by the learned counsel for the petitioner and the averments made paragraph 4 of the Leave Petition, I am satisfied that the petitioner has made out a case for allowing the present petition. Considering Mohite 1/2

5 lp294-17 these facts following order is passed:

A) Leave Petition is allowed in terms of prayer clause (a) which reads thus:

"(a) That the Petitioner be granted leave under Clause XII of the Letters Patent to file the Suit against the proposed Defendants (the Respondents herein) in this Hon'ble Court."

B) Petition stands disposed of accordingly.

(K.K.TATED, J.) Mohite 2/2