Arvind Bagrecha v. K.Mekala And 3 Others

A.No.2548 of 2020 in C.S.SR. No.72659 of 2020 A.No.2548 of 2020 in C.S.SR. No.72659 of 2020 C.V.KARTHIKEYAN J, This Application has been filed seeking leave to institute the suit within the jurisdiction of this Court.

2.It is stated that though the property is situated at Ambattur, the suit had been filed only for recovery for a sum of Rs.1,70,00,000/- together with interest and for costs. The property had been mortgaged with the Plaintiff.

3. The learned counsel states that it is not a suit for land and it is a suit for recovery and if at all the Court has to proceed against the land, it would only be after the claim for recovery of money is made out and established by the Plaintiff.

4.The Defendants are residing outside jurisdiction of this Court. However, it is stated in the cause of action paragraph that the transaction was completed at Purasawalkam within Chennai, within the jurisdiction of this Court and also that the mortgage was created at Chennai within the jurisdiction of this Court and all the documents were also executed at Chennai.

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A.No.2548 of 2020 in C.S.SR. No.72659 of 2020 C.V.KARTHIKEYAN J, smv 5.In view of these facts, leave is granted and the Application is ordered as prayed for. Registry may number the suit, if it is otherwise in order.

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