Regina Mary And 3 Others v. Benita Arokiamary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL AND CS SR NO. 21835 OF 2025

1. Regina Mary and 3 others W/o.Mr.Dhandaapani and D/o.Late Antony, No.32/82, Chinmaya Nagar, Sri Ayyappa Nagar, Virugambakkam, Chennai 600 092. and 3 Others

2. Mrs.Uma Maheshwari W/o.Mr.Rajasekaran and D/o.Late Antony, Plot No.1822 I Block, 13th Main Road, Anna Nagar West, Chennai 600 040.

3. Mrs.Jeyanthi W/o.Mr.Pa.Baalakumar and D/o.Late Antony, Old No.10, New No.23, Ganesapuram 3rd Street, Teynampet, Chennai 600 018.

4. Mrs.Elizabeth D/o.Late Antony, No.1415, H Block, 16th MainRoad, Anna Nagar West, Chennai 600 040.

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Applicant(s) Vs

1. Benita Arokiamary W/o.Renganathan and D/o.Late Antony, Flat No.2, First Floor, DABC Flats, Plot No.1155, 21st Main Road (West) Arugnar Anna Nagar, Chennai 600 072.

Respondent(s) CS SR No. 21835 of 2025

1. Regina Mary Plaintiff(s) Vs

1. Benita Arokiamary Defendant(s) For Applicant(s):

Ms.G.Uma Maheswari For M/s.M.Rajavelu For Respondent:

ORDER

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This application has been filed by the applicants seeking grant leave to sue against the respondent / defendant and item I, II and III of the schedule property.

2. According to the applicants, they are the plaintiffs in the main suit. They filed the suit for partition and separate possession. The Item IV of the schedule mentioned property is situated within jurisdiction of this Court whereas Item I, II and III of the schedule mentioned property are situated outside the jurisdiction of this Court. Therefore, a substantial part of the cause of action has arisen within the jurisdiction of this Court and the suit can be instituted before this Court. The main prayer is for partition thereby the suit can also be filed before this Court. Therefore, the plaintiffs filed this present petition.

3. This Court heard petitioners side and perused the records.

4. Considering the reasons stated in the affidavit and that the item I, II and III of the schedule mentioned properties are situated outside the jurisdiction of this Court and that substantial part of cause of action has arose within the jurisdiction of this Court, and considering the facts and circumstances of the case, this Court is inclined to allow this application.

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5. Accordingly, this application is allowed.

6. The Registry is directed to number the suit, if it is otherwise in order. 11.12.2025 mtl P.DHANABAL , J.

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AND CS SR NO. 21835 OF 2025 11.12.2025 5/5