Sema Kapoor And 2 Others v. Roshan Lal Kapoor And 5 Others

A.3791 of 2022 A.No.3791 of 2022 KRISHNAN RAMASAMY.J., This application has been filed seeking to grant the applicants leave to sue defendants 5 and 6 before this Court and claim partition over the suit schedule properties also situate outside the jurisdiction of this Court. 2.The learned counsel appearing for the applicants/plaintiffs would submit that the applicants/plaintiffs filed the suit for partition of properties left behind their parents. There are totally six defendants, of whom, only the defendants 5 and 6 are residing outside the jurisdiction of this Court and the properties in respect of which, partition was sought for, are situated in various parts of Chennai and its sub-urbs. The learned counsel for the applicants/plaintiffs would also submit that majority of the parties, viz.

, the defendants 1 to 4 are residing within the jurisdiction of this Court and also majority of the properties are residing within the jurisdiction of this Court, however, since the defendants 5 and 6 are residing outside the jurisdiction of this Court, he seeks leave of this Court to sue the defendants 5 and 6 and to file a suit for partition against item 2, 4 and 7 of the schedule mentioned properties.

KRISHNAN RAMASAMY.J., https://www.mhc.tn.gov.in/judis

A.3791 of 2022 Pns

3. Considering the submissions made by the learned counsel appearing for the applicants/plaintiffs and since the defendants 5 and 6 are residing outside the jurisdiction of this Court, this Court feels it appropriate to grant leave to sue defendants 5 and 6.

4.Accordingly, this Application stands allowed. 02.09.2022 Pns A.No.3791 of 2022 https://www.mhc.tn.gov.in/judis