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Madras High CourtA/1051/2024dismissed

M/S.A.R.R.Charitable Trust And Another v. Nil

2024-02-27Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.02.2024

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR A.No.No.1051 of 2024 in CS.D No.4054 of 2024

1. M/s.A.R.R.Charitable Trust, Rep. by its Founder Trustee Mr.B.Ramachandran No.31-B, Jwaharlal Nehru Salai, Thirunagar, Vadapalani, Chennai - 600 026.

2. R.Radha Rep. by its Trustee M/s.A.R.R.Charitable Trust, No.31-B, Jwaharlal Nehru Salai, Thirunagar, Vadapalani, Chennai - 600 026. ..Applicants/Plaintiffs

Versus

Nil

...Respondent/defendant

Prayer in A.No.1051 of 2024: Application filed seeking to grant leave to permit the applicant to file the suit under Section 92 [1] [f] of the Code of Civil Procedure before this Court.

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Prayer in C.S.No.D4054 of 2024: Civil Suit filed under Order IV Rule 1 of Madras High Court Original Side Rules read with section 92 [1] [f] of the Code of Civil Procedure and Order VII Rule 1 CPC praying to permit the plaintiffs Trust to transfer free of cost by way of registered Gift Deed to M/s.Tamil Nadu Generation and Distribution Corporation Limited the suit schedule property towards obtaining 33/11 KV Indoor Substation HT connection to the Plaintiffs Trust Property.

For Plaintiff : Mr.T.K.S.Gandhi

JUDGMENT

This suit has been filed to permit the plaintiffs Trust to transfer free of cost by way of registered Gift Deed to M/s.Tamil Nadu Generation and Distribution Corporation Limited the suit schedule property towards obtaining 33/11 KV Indoor Substation HT connection to the Plaintiffs Trust Property.

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2. Since the immovable property, which is situated outside the jurisdiction of this Court, this suit is not maintainable before this Court. In such view of the matter, the application in A.No.1051 of 2024 is dismissed. Consequently, the suit filed in D.No.4054 of 2024 is rejected with liberty to the plaintiff to file the suit before the concerned jurisdictional court. 27.02.2024 vrc Internet : Yes Index : Yes / No 3/4

N.SATHISH KUMAR, J.

vrc A.No.No.1051 of 2024 in CS. D No.4054 of 2024 27.02.2024 4/4