Mr. Rajaa Murugan v. Mrs. A. Thulasi Priya And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-09-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL A NO. 4288 of 2025 AND C.S. Dr. NO. 124531 OF 2025 Mr. Rajaa Murugan S/o.Late Mr.M.R.Raja, 145, Viveka Illam, Devadoss Street, VGN Shanthi Nagar, Ambattur, Industrial Estate, Tiruvallur, Tamil Nadu, Chennai 600 058.

Applicant(s) Vs Mrs. A. Thulasi Priya and another W/o.Amudhan, A2, Krishna Thulasi Apartments, 6, Arcot Street, T.Nagar, Chennai 600 017. and another Respondent(s) CS SR NO. 124531 of 2025 Mr. Rajaa Murugan Plaintiff(s) Vs Mrs. A. Thulasi Priya Defendant(s) A NO. 4288 of 2025 For Applicant(s):

M/s. Rank Associates For Respondent(s):

CS Dr NO. 124531 of 2025 For Plaintiff(s):

M/s. Rank Associates For Defendant(s):

ORDER

This petition is filed seeking grant leave to the plaintiff to institute the present suit with respect to the property that is not situated within the jurisdiction of this Court.

2. The learned counsel appearing for the petitioner would submit that the petitioner is the plaintiff in the main suit and he has filed the suit for partition of the suit properties. The first respondent / first defendant is residing at Chennai, within the jurisdiction of this Court. Insofar as the immovable properties, which are described in schedule to the plaint are concerned, one item is situated at Chennai, within the jurisdiction of this Court and the other item is situated outside Chennai. 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 plaintiff filed this present petition.

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

4. The plaintiff has filed a petition to grant leave to institute the suit before this Court in respect of the properties which are not situated within the jurisdiction of this Court. Considering the nature of suit that one of the suit properties is situated within the jurisdiction of this Court and the facts and circumstances of the case, this court is inclined to allow this petition and therefore, leave is granted as prayed for. The Registry is directed to number the suit, if it is otherwise in order.

01.09.2025 mtl

P. DHANABAL , J.

mtl A NO. 4288 of 2025 AND CS Dr NO. 124531 OF 2025 01.09.2025