Mrs.S.Nirmaladevi v. N.Madhava Rao And 39 Others

A.No.4769 of 2021 in C.S.No.730 of 2019 KRISHNAN RAMASAMY, J., This application has been filed to grant leave to pursue the suit in C.S.No.730 of 2019 against the Schedule XI to XI.II properties morefully mentioned in the Judges Summons hereto and the 5th, 10th, 11th, 12th, 13th, 20th, 27th, 31th, 32th, 34th, 35th, 36th, 37th, 38th and 39th respondents herein.

2. Mr.T.N.Rajagopalan, learned counsel entered appearance for respondents 1 to 3 and Mr.R.Gopinath, learned counsel for respondent No.40. As far as other respondents are concerned, they are all residing within the jurisdiction of this Court. The respondents 7 to 13, 15 to 21, 24 to 30 and 32 to 36 were already set ex-parte vide order of this Court dated 22.04.2022. None appeared on behalf of the respondents 5, 31, 37, 38, 1/4

39 in stead of service of notice on them. Hence, they are also set exparte.

3. It is clear that the respondents, against whom the relief as sought for, are set ex-parte. But no relief has been sought for as against those respondents, who are not set ex parte. The respondents 5 and 40 are the subsequent purchasers. Some of the respondents are residing out side the jurisdiction of this Court. They sought leave to pursue the suit in C.S.No.730 of 2019.

4.Accordingly, since no one entered appearance on behalf of the respondents against whom the relief as sought for and they are also set ex-parte today as well as on earlier occasion i.e., on 22.04.2022, and upon hearing the learned counsel for the applicant, this Court is of the view that it is a fit case to grant leave to institute the suit in C.S.No.730 of 2019 against the Schedule XI to XI.II properties morefully mentioned 2/4

in the Judges Summons hereto and the 5th, 10th, 11th, 12th, 13th, 20th, 27th, 31th, 32th, 34th, 35th, 36th, 37th, 38th and 39th respondents herein.

5.Accordingly, leave is granted. This application is allowed. 28.07.2022 dn 3/4

KRISHNAN RAMASAMY, J., dn A.No.4769 of 2021 28.07.2022 4/4