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Madras High CourtA/9691/2019allowed

Mr.B.Rakesh Bohara v. Mr.B.Rameshchand And 6 Others

2019-12-18Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

A.No.9691 of 2019 in CS SR No.151444 of 2019 A.No.9691 of 2019 in CS SR No.151444 of 2019 SENTHILKUMAR RAMAMOORTHY, J This application is filed for leave to sue defendants 3 to 5 and 7 and in respect of properties mentioned in item Nos.III to VII of Schedule A before this Court.

2. I heard the learned Senior Counsel for the applicant.

3. The learned senior counsel for the applicant submitted that Item Nos.I and II of the suit schedule properties are within the jurisdiction of this Court and that likewise defendants 1, 2 and 6 reside within the jurisdiction of this Court. Therefore, he requests that leave to sue defendants 3 to 5 and 7 and in respect of properties mentioned in Item Nos.III to VII of Schedule A should be granted.

4. Upon considering the submissions of the learned senior counsel and on examining the averments made in the affidavit filed in support of the 1 / 2 http://www.judis.nic.in

A.No.9691 of 2019 in CS SR No.151444 of 2019 application and in the plaint, it is clear that this is a suit for declaration and SENTHILKUMAR RAMAMOORTHY, J kal partition in respect of seven items of property, out of which Item No.I and II of Schedule - A, are within the jurisdiction of this Court. Accordingly, leave is granted to the applicant/plaintiff to institute a suit before this Court against defendants 3 to 5 and 7 and in respect of the properties mentioned in Item Nos.III to VII of Schedule - A.

18.12.2019 kal A.No.9691 of 2019 in CS SR No.151444 of 2019 2 / 2 http://www.judis.nic.in