D.S.Naresh Kumar v. D.Sekaran And Another

Application No.3393 of 2021 V.PARTHIBAN,J.

Seeking leave to file suit against the first respondent/first defendant who resides outside the jurisdiction of this Court and in respect of Schedule A property which is also outside the jurisdiction of this Court, the applicants/plaintiffs have come up with this application.

2. The suit is filed for partition and separate possession.

3. Learned counsel for the applicant submitted that Schedule A property lies outside the jurisdiction of this Court whereas, the Schedule B Property lies within the jurisdiction of this Court. He would further submit that the first respondent/first defendant resides outside the jurisdiction of this Court and the second respondent resides within the jurisdiction of this Court. To avoid multiplicity of proceedings, leave is necessary to file single suit in respect of both the items of suit properties and in respect of first defendant, the learned counsel contended.

4. Considering the submissions made by the learned counsel for the applicants and taking note of the averments made in the plaint, leave is granted.

24.09.2021 mrm http://www.judis.nic.in

V.PARTHIBAN,J.

mrm Application No.3393 of 2021 24.09.2021 http://www.judis.nic.in