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Madras High CourtA/2258/2022allowed

Mr.S.Anbazhagan v. S.Gunasekara Pandiyan And 4 Others

2022-06-21Honourable Mr Justice Krishnan Ramasamy3 pages

KRISHNAN RAMASAMY.J, This Application has been filed to grant leave to Institute suit against the 2nd defendant and for the Item 2, 6, 7 of A Schedule property Item 6, 7, 8, 12, 13 and 14 of B Schedule property, Item 1 of C schedule property and Item 1 to 6 of D Schedule property before this Hon'ble Court.

2.The learned counsel for the applicant/plaintiff submitted that the suit was filed to partition the A, B, C, D and E schedule properties and that major portions of the properties are situated within the jurisdiction of this Court. He further submitted that Item 2, 6, 7 of A Schedule property, Item 6, 7, 8, 12, 13 and 14 of B Schedule property, Item 1 of C Schedule property and Item 1 to 6 of D Schedule property are situate outside the jurisdiction of this Hon'ble Court. Further, the 2nd defendant is also residing outside the jurisdiction of this Hon'ble Court. 1 / 3

3.Since major portion of the property is situate within the jurisdiction of this Court, this Court is of the view that it is appropriate to grant leave to the applicants/plaintiffs to Institute suit against the 2nd defendant and for the Item 2, 6, 7 of A Schedule property, Item 6, 7, 8, 12, 13 and 14 of B Schedule property, item 1 of C schedule property and Item 1 to 6 of D Schedule property before this Court. 4.This Application is accordingly allowed.

21.06.2022 Tsg 2 / 3

KRISHNAN RAMASAMY.J, Tsg 21.06.2022 3 / 3