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Madras High CourtA/4768/2025allowed

R.Lekshmana Sarma And 4 Others v. Vijaya Swamy B And Another

2025-10-07Honourable Mr.Justice P. Dhanabal4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-10-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL R.Lekshmana Sarma and 4 others S/o.Mr.Ramaswamy and Brother of the deceased Mr.Harihara Subramoni, aged 78 years, Residing at 1/11, Sannathi Street, Kanyakumari, Tamil Nadu 620 702.

and 4 Others Applicant(s) Vs Vijaya Swamy B and another W/o.Mr.K.Swamy, Sister of the deceased Mr.Harihara Subramoni, Residing at No.B26, Sivagami Flats, Sivagamipuram 1st Street, Thiruvanmiyur, Chennai 600 041. and another Respondent(s) For Applicant(s):

M/s.Hema Srinivasan For Respondent(s) :

ORDER

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This application has been filed by the applicants/plaintiffs to grant leave to the applicants/plaintiffs under Clause 12 of the Letters Patent read along with Order III Rule 1 of the Original Side Rules to sue the respondents/defendants with respect to the partition suit in respect of the properties fully set out in Schedule A to the Judges Summons.

2. According to the applicants, they filed the main suit for relief of partition; some of the properties are situated within the Jurisdiction of the Court, some of the properties are situated outside the Jurisdiction of the Court and one of the defendants also resides outside the Jurisdiction of the Court. Therefore, they filed this application.

3. This Court also perused the records.

4. Considering the reasons stated in the affidavit, some of the properties are situated within the Jurisdiction of the Court, some of the properties are situated outside the Jurisdiction of the Court, the second Page No.2 of 4

defendant is also residing outside Jurisdiction of the Court and also considering the nature of relief sought for in the main suit, this application is allowed. Leave is granted.

5. The Registry is directed to number the suit if it is otherwise in order.

07-10-2025 dk To

1. Vijaya Swamy B and another W/o.Mr.K.Swamy, Sister of the deceased Mr.Harihara Subramoni, Residing at NO.B26, Sivagami Flats, Sivagamipuram 1st Street, Thiruvanmiyur, Chennai 600 041.

2.L.V.Sudha alias Sudha Narashiman Sister of the deceased Jayanthi, Residing at 278, West Farms Road, Farmingdale, NJ 07727 USA.

P.DHANABAL,J.

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