A.Selvakumar And Another v. A.Selvamani And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL

1. A.Selvakumar

2. A.Vaijayanthimala ... Applicants ..Vs..

1. A.Selvamani

2. A.Anbazhagan

3. A.Shanthi

...Respondents

Prayer: This application is filed under Order XIV Rule 8 of Original Side Rules r/w Clause 12 of the Letters Patent, seeking leave to sue this suit before this Court in respect of items 2 to 4 of the suit schedule properties and against the first respondent/defendant, who resides outside the territorial jurisdiction, as all the defendants and the properties form part of the same cause of action.

For Applicants : M/s.P.Sesubalan Raja ******

ORDER

This application has been filed seeking leave of the Court to sue this suit before this Court in respect of items 2 to 4 of the suit schedule properties and against the first respondent/defendant, who resides outside the territorial jurisdiction of this Court.

Learned counsel appearing for the applicants/plaintiffs would submit that the main suit is instituted for partition and some of the properties are situated within the jurisdiction of this Court and furthermore substantial cause of action also arose within the jurisdiction of this Court. Items 2 to 4 of the suit schedule properties are situated outside the jurisdiction of this Court and the first respondent/first defendant is also residing outside the territorial jurisdiction of this Court. Therefore present application is filed seeking leave of the Court to sue this suit before this Court. Considering the reasons stated in the affidavit filed in support of this application and the fact that the defendants 2 and 3 are residing within the jurisdiction of this Court and substantial cause of action also arose within the jurisdiction of this Court, this application is allowed. Leave granted. Registry is directed to number the suit, if it is otherwise in order. 04.11.2025 cgi

P.DHANABAL, J.

cgi 04.11.2025