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Madras High CourtA/891/2021allowed

D.V.Karunaakar v. N.Vijayan And 2 Others

2021-03-04Honourable Mr Justice R. Pongiappan2 pages

A.No.891 of 2021 in C.S.D.No.8248 of 2021 R.PONGIAPPAN,J.

This application has been filed to grant leave to the plaintiff to institute the suit against the respondents/defendants herein.

2. Heard the learned counsel appearing for the applicant.

3. It is the contention of the learned counsel for the applicant/ plaintiff that though the defendants No.1 to 3 are residing in Chengalpet District, the sale agreement dated 14.11.2016 has been executed between the plaintiff and the defendants only in T.Nagar which is situated within the jurisdiction of this Court. Moreover, the place in which a sum of Rs.90,00,000/- which is an advance amount paid to the plaintiff is also within the jurisdiction of this Court.

4. Now, on considering the said submission with relevant records, it seems that the suit pertains to the petition is filed for the relief of specific performance, further, pleadings set out in the plaint shows that the sale agreement which is the basic document has been executed in T.Nagar, R.PONGIAPPAN,J.

https://www.mhc.tn.gov.in/judis/

msv and the said place is situated within the jurisdiction of this Court. Further, the payment of advance amount is also had happened within the jurisdiction of this Court.

5. Therefore, considering the submissions made by the learned counsel for the applicants and also taking note of the fact that the averments found in the plaint discloses that the part of the cause of action is arisen within the jurisdiction of this Court, leave is granted.

6. Registry is directed to number the suit, if it is otherwise in order. 04.03.2021 msv A.No.891 of 2021 in C.S.D.No.8248 of 2021 https://www.mhc.tn.gov.in/judis/