Thondai Mandala Saandror Dharma Paribalana Sabai v. Nil

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2025 CORAM :

THE HONOURABLE MR.JUSTICE P.DHANABAL

1. Thondai Mandala Sandror Dharma Paribalana Sabai represented by its Founder Trustee Mr. G.B. Pachaiyappan

2. K. Velu Mr. M. Kadhirvel, Trustee, Thondai Mandala Sandror Dharma Paribalana Sabai ... Applicants PRAYER: Application filed under Order XIV, Rule 8 of O.S. Rules read with Section 92(1) of Civil Procedure Code to grant leave to the Plaintiffs to file a Suit under Section 92 Civil Procedure Code seeking permission to develop the Trust property by entering into a Joint Development Agreement with M/s. Page No.1 of 6

Origin Homes having office at No.457/1, New No.726/61, First Floor, Anna Salai, Nandanam, Chennai-600 035 with respect to the property measuring an extent of 3530 sq. ft. of land bearing Old Door No.236, New Door No.80, Block No.67, Survey No.T.S. No.3358, R.K. Mutt Road, Mylapore, Chennai600 004 agreeing to share the constructed area in 50:50 ration as contained in the terms of the Joint Development Agreement entered into between them, thereby permitting the 1st Plaintiff Trust to execute a Sale Deed with respect to the one half undivided share of the above said land in favour of the Developer.

For Applicant : Ms. K.M. Valsala Kumari

ORDER

This application has been filed to grant leave to the Plaintiffs to file a Suit under Section 92 of Civil Procedure Code to develop the Trust property by entering into a Joint Development Agreement with M/s. Origin Homes having office at No.457/1, New No.726/61, First Floor, Anna Salai, Page No.2 of 6

Nandanam, Chennai-600 035 with respect to the property measuring an extent of 3530 sq. ft. of land bearing Old Door No.236, New Door No.80, Block No.67, Survey No.T.S. No.3358, R.K. Mutt Road, Mylapore, Chennai-600 004 agreeing to share the constructed area in 50:50 ration as contained in the terms of the Joint Development Agreement entered into between them, thereby permitting the 1st Plaintiff Trust to execute a Sale Deed with respect to the one half undivided share of the above said land in favour of the Developer.

2. According to the applicant, the property is situated within the jurisdiction of this Court and they filed a Suit seeking permission to develop the Trust property. Since the Trust does not own any other property and the Trust does not have any income to maintain itself and fulfill its objectives, it is necessary to obtain leave from this Court to deal with the property of the Page No.3 of 6

Trust by entering into a Joint Development Agreement with a Bulder. Therefore, the present Suit has been filed.

3. Heard the applicant's side. Considering the reasons stated in the affidavit and considering the nature of relieves sought for in this application and the facts and circumstances of the case, this application is allowed and leave is granted.

4. The Registry is directed to number the Plaint, if it is otherwise in order.

01.09.2025 Index :

Yes/No Speaking Order :

Yes/No mjs Page No.4 of 6

P.DHANABAL.,J mjs Page No.5 of 6

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