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Madras High CourtA/9395/2019allowed

Mr.T.A.S.Rathna Kumar v. Karanam Madhu And 2 Others

2019-12-05Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

A.No.9395 of 2019 in CS SR.No.93582 of 2019 A.No.9395 of 2019 in CS SR.No.93582 of 2019 SENTHILKUMAR RAMAMOORTHY, J This application is filed for leave to sue the 1st respondent /1st defendant before this Court.

2. I heard the learned counsel for the applicant.

3. The learned counsel for the applicant submitted that the suit is filed to cancel the sale deed dated 12.03.2016 and registered as Document No.1186 of 2016 before the third defendant. He further submitted that the said property is situated at Anna Nagar, Chennai and that the registering authority is in Chennai. He further submitted that the said property was mortgaged by depositing the title deeds in favour of the second defendant, which is also based in Chennai. Consequently, he submitted that the cause of action arises in Chennai within the jurisdiction of this Court and that leave is being sought for in view of the fact that the first defendant resides at Vellore. 1 / 2 http://www.judis.nic.in

A.No.9395 of 2019 in CS SR.No.93582 of 2019 SENTHILKUMAR RAMAMOORTHY,J kal

4. Upon considering the submission made by the learned counsel for the applicant and on examining the affidavit filed in support of the application, the applicant has made out a case for granting leave to sue the first respondent before this Court.

5. Accordingly, this application is allowed as prayed for by granting leave to sue the first respondent/first defendant before this Court. 05.12.2019 kal A.No.9395 of 2019 in CS SR.No.93582 of 2019 2 / 2 http://www.judis.nic.in