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Madras High CourtA/4311/2025allowed

Senthil Kumar v. Mr.N.Madanagopal And 2 Others

2025-09-01Honourable Mr.Justice P. Dhanabal4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-09-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL A NO. 4311 of 2025 Senthil Kumar S/o.N.Madanagopal, Permanently residing at BK 27, Telok Blangah, Way 13/1006, Singapore 090027 Applicant(s) Vs Mr.N.Madanagopal and 2 others S/o.Narayanaswami, BLK 27, 13-1006, Telok Balngah Way Singapore 090027. and 2 Others Respondent(s) A NO. 4311 of 2025 For Applicant(s):

M/s.R.Thiagarajan T.Susindran Vasudha Thiagarajan A.Raj Prince For Respondent(s):

ORDER

This petition is filed seeking grant leave to the plaintiff to sue the defendants 1 to 3 and the suit properties which are situate outside the jurisdiction of this Court.

2. The learned counsel appearing for the petitioner would submit that the petitioner is the plaintiff in the suit and he has filed a suit for the relief of declaration and for permanent injunction as against the respondents / defendants. The plaintiff is presently living and working in Singapore and he also frequently used to visit India. The mother of the plaintiff executed a Will dated 19.01.2018 and died on 12.06.2021 and thereafter, Will came into force. The plaintiff already filed a testamentary petition for probabte in respect of the Will in O.P.No.260 of 2025 and the same is pending. During the pendency of the said testamentary petition the defendants 2 and 3 are attempting to create third party rights by dealing with the suit properties. Therefore, the plaintiff filed this main suit. Some of the properties are situated within the territorial jurisdiction of this Court and some of the properties are situated outside the territorial jurisdiction of this Court. Therefore, the plaintiff filed the present petition.

3. This Court heard petitioner side and perused the materials on record.

4. The main suit was filed for the relief of declaration and for permanent injunction. Some of the properties are situated within the jurisdiction of this Court and some of the properties are situated outside the jurisdiction of this Court. Considering the same and the prayer sought for in the suit and facts and circumstances of the case, this Court is inclined to allow this petition and therefore, leave is granted as prayed for.

Registry is directed to number the suit, if it is otherwise in order.

01.09.2025 mtl

P. DHANABAL , J.

mtl A NO. 4311 of 2025 01.09.2025