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Madras High CourtA/9574/2019allowed

Mrs.G.Shanthi And Another v. Mr.V.G.P.Ravi Das And 2 Others

2019-12-10Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

A.No.9574 of 2019 CS SR.No.135352 of 2019 This application is filed for leave to institute the suit before this Court.

2. I heard the learned counsel for the applicants/plaintiffs.

3. The learned counsel for the applicants submitted that the suit is filed for partition and that certain items of the suit schedule properties are within the jurisdiction of this Court whereas certain items are outside the jurisdiction of this Court. Consequently, he submits that the applicants are constrained to file the present application in respect of the properties that are situated outside the jurisdiction of this Court. In specific, he pointed out that the properties in items Nos.1,2,3,4,6 and 7 of 'A' Schedule and item Nos.1,2,5,8,9,10 and 11 of 'B' Schedule are situated outside the territorial jurisdiction of this Court.

4. I considered the submissions of the learned counsel for the applicants and examined the plaint and affidavit filed in support of this application.

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5. On consideration thereof, I am of the view that this application is liable to be allowed and the applicants are entitled to institute the suit before this Court in view of the fact that several items of the suit schedule properties are located within the jurisdiction of this Court.

6. Consequently, this application is allowed and the applicant is permitted to institute the suit before this Court. 10.12.2019 kal A.No.9574 of 2019 CS SR.No.135352 of 2019

kal A.No.9572 of 2019 A.No.4732 of 2019 T.O.S.No.1 of 2018

10.12.2019