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Madras High CourtA/5333/2025allowed

Mrs. C. Vandana v. Mr. C. Mahesh And Another

2025-11-03Honourable Mr.Justice P. Dhanabal3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Mrs.C.Vandana ...Applicant

Versus

1. Mr.C.Mahesh

2. Mr.C.Nadipi Muniswamy Naidu

...Respondents

Prayer: This application has been filed Under Section XIV Rule 8 Original Side Rules and Order 3 Rule 1 of O.S.Rules Read with Clause 12 of Letters Patent, seeking to grant leave to sue file the present suit against the respondents / defendants as the respondents / defendants are residing outside the jurisdiction of this Court.

For Applicant : M/s. P.Subba Reddy

ORDER

This application has been filed to grant leave to sue the respondents / defendants in the main suit.

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2. According to the applicant, the main suit has been filed for a declaration that the Memorandum of Understanding dated 12.05.2023 is null and void. The said Memorandum of Undertaking was executed within the jurisdiction of this Court and a substantial part of the cause of action has arisen within the territorial jurisdiction. However, the defendants are residing outside the jurisdiction of this Court. Hence, this application has been filed seeking leave to sue.

3. Considering the reasons stated in the accompanying affidavit filed in support of this application, and taking into account that the defendants are residing outside the jurisdiction of this Court as well as the nature of the relief sought in the main suit, this application is allowed. Leave is granted.

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

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P. DHANABAL, J.

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