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Madras High CourtA/4825/2022dismissed

V.Vadlamannati Jaya Poorna Chandra Rao v. Shanthi Kawar Bai And 92 Others

2024-07-31Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-01-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL V.Vadlamannati Jaya Poorna Chandra Rao S/o.Late Vadlamannati Venkatanarayana Rao, Residing at NO.40-9/1-17, Near Samaram Hospital, Vasavi Nagar, Benz Circle, Vijayawada 520 010.

..Applicant(s) Vs

1. Shanthi Kawar Bai and 93 others W/o.Late Nihal Chand Nahata, R1 to R7 at Residing at No.26, North Crescent Road, T.Nagar, Chennai 600 017.

..Respondent(s) PRAYER: This application has been filed under Order XIV Rule 8 of Original Side Rules read with Order III Rule 1 of Madras High Court Original Side rules and Clause 12 of the Letters patent praying to grant leave to sue the Defendants 10, 26, 29, 42, 44, 72, 73, 75, 81 to 93 who resides outside the jurisdiction of this Honble Court in the above suit.

For Applicant(s):

M/s.N.S.Siva Kumar

ORDER

This application has been filed by the applicant to grant leave to sue the respondents 10, 26, 29, 42, 44, 72, 73, 75, 81 to 93 who are residing outside the jurisdiction of the Court.

2. According to the applicant, he is the Plaintiff in the main Suit and he filed the Suit for the reliefs of declaration and for consequential reliefs. Already he filed the application for permission to sue as indigent person in application No.4406 of 2021 and the same was dismissed by the learned Master through an order dated 25.02.2022 and the same was challenged before this Court in A. No.1889 of 2022 and the same was allowed by this Court through an order dated 18.08.2022. Therefore, leave was granted to file the Suit as indigent person. By playing fraud, so many registered documents have been created on the Schedule B and F properties and all the properties are situated within the jurisdiction of this Court. However, the respondents 10, 26, 29, 42, 44, 72, 73, 75, 81 to 93 are residing outside the jurisdiction of the Court. Therefore, the applicant has filed this application to grant leave to sue against those respondents, who are residing outside the jurisdiction of the Court.

3. Already this Court dismissed the application along with main Suit through an order dated 31.07.2024 and the same was challenged through O.S.A.

(SR) No.31424 of 2025 and the same was allowed and the Hon'ble Division Bench of this Court set aside the judgment and decree dated 31.07.2024 passed by this Court. Thereafter, this Court after hearing the applicant, passed this order. Since this application has been filed to grant leave to sue against the respondents, who are residing outside the jurisdiction of the Court, without issuing any notice to the respondents, who are residing outside the jurisdiction of the Court, this Court is inclined to pass orders in this application.

4. According to the applicant, the properties are situated within the jurisdiction of the Court and cause of action arose within the jurisdiction of the Court. Since some of the defendants are residing outside the jurisdiction of the Court as per Order XIV Rule 8 of Original Side Rules read with Order III Rule 1 of Madras High Court Original Side Rules and Clause 12 of Letters patent, the applicant has to obtain leave from the Court. Therefore, he filed this application.

5. This Court also perused the records. On a perusal of records, it is seen that the subject matter of the properties are situated within the jurisdiction of the Court and cause of action also has arisen within the jurisdiction of the Court. The main Suit was filed in respect of declaration and other consequential reliefs of injunction in respect of the properties situated within the jurisdiction of the Court. However, some of the defendants are residing outside the jurisdiction of

the Court. Therefore, it is appropriate to allow this application and to grant leave to the applicant to sue against the respondents 10, 26, 29, 42, 44, 72, 73, 75, 81 to 93, who are residing outside the jurisdiction of the Court.

6. Accordingly, this application is allowed. The Registry is directed to number the Plaint, if it is, otherwise, in order. 23-01-2026 MJS

P.DHANABAL, J.

MJS 23-01-2026