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Madras High CourtA/590/2026allowed

Mahaveer Apartments (Abc Blocks) Flat Owners Association v. Arulmigu Marundeeswarar Thirukoil And Another

2026-02-05Honourable Mr.Justice P. Dhanabal4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-02-2026

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL in CS DR.No.162133 of 2025

1. Mahaveer Apartments (ABC Blocks) Flat Owners Association Thiruvanmiyur, Represented by its Auhorised Signatory Having its office at No.15/19, East Coast road, Thiruvanmiyur, Chennai 600 041.

Applicant(s) Vs

1. Arulmigu Marundeeswarar Thirukoil and another Represented by its Executive Officer, West Tank Square Street, East Coast road, Thiruvanmiyur, Chennai 600 041.

2.M/s.Rajmani Builders Represented by its Partner Mr.Sankaran, Having its Office at No.69, 2nd Main Road, Gandhi Nagar, Adyar, Chennai 600 020.

Respondent(s) PRAYER : To Grant leave to Applicant/Plaintiff to sue the 1st Respondent/ 1st Defendant in the above suit.

For Applicant (s) : Ms.Rohini Ravikumar

ORDER

This application has been filed by the applicant/plaintiff seeking to grant leave to sue the first respondent in the above suit.

2. According to the applicant, who is the plaintiff in the main suit, filed the suit for declaration to declare the suit in CS No.932 of 2005 is null and void. However, the first defendant is residing outside the jurisdiction of this Court. Therefore, a substantial part of the cause of action has arisen within the jurisdiction of this Court and the suit can be instituted before this Court.

3. This Court heard petitioner side and perused the records.

4. Considering the reasons stated in the affidavit that the first defendant is residing outside the jurisdiction of this Court, substantial part of cause of action arose within the jurisdiction of this Court and also taking note of the facts and circumstances of the case, this court is inclined to

allow this petition and therefore, leave is granted as prayed for.

5. The Registry is directed to number the suit, if it is otherwise in order and print the name of Mr.M.Rajendiran, Additional Government Pleader for the first respondent Temple.

05.02.2026 mtl

P. DHANABAL, J., mtl in CS DR.No.162133 of 2025 05.02.2026