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Madras High CourtA/5611/2025allowed

Mr.S.M.Jawahar Hussain And 2 Others v. Mr.S.M.Omar Sahib And 7 Others

2025-11-14Honourable Mr.Justice P. Dhanabal2 pages

A NO. 5611 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-11-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL A. No. 5611 of 2025 in C.S.DR.No.109754 of 2025 1.S.M.Jawahar Hussain 2.Ayeshath Jaseela 3.Lubanah Applicant(s) Vs.

1. Mr.S.M.Omar Sahib S/o.Late K.A.M.S.Mohammed Mohideen, New No.30, Old No.38, Maracoir Labbai Street, Chennai 600 001.

2. Mr.S.M.Noorul Ameen S/o.Late K.A.M.S.Mohammed Mohideen, No.3/231-A, New East Street, Kilakkarai, Ramanathapuram 626 517.

3. Mr.S.M.Segu Mathar S/o.K.A.M.S.Mohammed Mohideen

4. Mrs.Mahdoon Sahiba W/o.S.M.Omar Sahib.

5. Mrs.Ayeshath Hajira W/o.S.M.Noorul Ameen

6. Mrs.Syed Ayesha Beevi W/o.S.M.Segu Mathar

7. Mrs.Sathakkun Basheera W/o.Ahamed Abdul Basith

8. Mrs.Nishad Afra D/o.S.M.Noorul Ameen Respondent(s) For Applicant(s): Mr.B.Vicknesh https://www.mhc.tn.gov.in/judis

ORDER

This application has been filed by the applicant to grant leave to sue in respect of the properties which are situated outside the jurisdiction of this Court and also some of the defendants, who are residing outside the jurisdiction of this Court. 2.According to the applicants, they are the plaintiffs in the main Suit and they have filed the suit for partition as against the defendants. Some of the properties are situated outside the jurisdiction of this Court. The properties mentioned in Schedule VI to XVI are situated outside the jurisdiction of this Court. The defendants 2, 5, 7 and 8 are also residing outside the jurisdiction of this Court. Therefore, the present grant leave application has been filed by the applicants. 3.

Considering the reasons stated in the affidavit filed in support of this application, substantial part of cause of action also arose within the jurisdiction of this Court, some of the properties are situated within the jurisdiction of this Court and some of the properties are situated outside the jurisdiction of this Court, and also considering that some of the defendants are residing outside the jurisdiction of this Court, it is appropriate to allow this application.

4.This application stands allowed accordingly. Leave granted. 5.Registry is directed to number the main Suit in C.S.DR.No.109754 of 2025, if the papers are otherwise in order.

14-11-2025 kas https://www.mhc.tn.gov.in/judis