Mrs.Remibai Jeppiar v. Sheela And 4 Others

R.PONGIAPPAN, J., Heard both sides. Documents perused.

2. This application has been filed to grant leave to the applicant/plaintiff to sue the respondents 1 to 3 / defendants 1 to 3, who are residing outside the jurisdiction of this Court.

3. The learned counsel appearing for the applicant / plaintiff would contend that the suit scheduled property, is situated within the jurisdiction of this Court, further, the applicant is also residing within the jurisdiction of this Court. According to him, the entire cause of action has also been arised within the jurisdiction of this Court, only for the reason that the respondents 1 to 3 / defendants 1 to 3, are residing outside the jurisdiction of this Court, the applicant filed this application and praying the relief, as stated supra.

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4. On going through the averments set out in the plaint, it shows that the applicant herein intended to file a suit for granting permanent injunction, restraining the defendants, their men, agents and others, from in any way interfering with the plaintiff's peaceful possession and enjoyment of the schedule mentioned property. Further, the details of schedule of property shows that the petition mentioned property, is situated in Royapettah, which is available within the jurisdiction of this Court.

5. Therefore, in view of the above, the entire cause of action has been arised within the jurisdiction of this Court and thereby, for the foregoing reasons stated above, the leave prayed for by the applicant is granted. This application is allowed accordingly.

6. Registry is directed to number the suit, if it is otherwise in order.

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R.PONGIAPPAN, J.

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