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Madras High CourtA/1405/2025allowed

B Aasaithambi Proprietor Of Shri Raghavendra Constructions v. G Vijayakumar

2025-03-19Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY A.No.1405 of 2025 in C.S.(Comm.Div.) No.SR.42859 of 2025 B Aasaithambi Proprietor of Shri Raghavendra Constructions No.52, Ponnammal Street, Kumaran Colony, Vadapalani, Chennai ... Applicant -vsG Vijayakumar S/o.D.Gnanamanickam Plot No.P-5, Ramamurthy Avenue, Opposite to Iswarya Apartments, Karumarriamman Nagar, Via Jai Nagar, Phase I, Kolapakkam, Chennai 600 127.

... Respondent For Applicant : Mr.R.Rajarajan **********

ORDER

In a proposed suit for specific performance of joint development agreement dated 15.06.2022, including alternative and incidental relief, the intending plaintiff has presented this application for leave to sue respondents 1 to 3 and 5 to 7 before this Court. Learned counsel submits that the property forming the subject of the joint development agreement is 1/2 https://www.mhc.tn.gov.in/judis

SENTHILKUMAR RAMAMOORTHY,J rna situated in Chennai. It is also stated that the cause of action arose substantially within the jurisdiction of this Court because sale agreement dated 22.10.2020 was executed at Chennai and the defendants received part consideration in Chennai.

2. Upon considering the above submissions and on examining the draft plaint and the affidavit in support of this application, it appears that at least a part of cause of action arose at Chennai. Therefore, this application is allowed by granting leave to the applicant to sue the respondents 1 to 3 and 5 to 7 before this Court. Consequently, the Registry is directed to number the suit, if otherwise in order.

19.03.2025 rna A.No.1405 of 2025 in C.S.(Comm.Div.) No.SR.42859 of 2025 2/2 https://www.mhc.tn.gov.in/judis