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Madras High CourtA/6256/2025allowed

Mr. J.C. Sathishkumar v. Mrs. J.C. Rekha And Another

2025-12-15Honourable Mr.Justice P. Dhanabal4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL IN CS SR NO. 174553 OF 2025

1. Mr. J.C. Sathishkumar S/o.Late.Mr.J.S.Chakrapani, No.23, Muthiapa Street, Shenoy Nagar, Chennai-600 030 Applicant(s) Vs

1. Mrs. J.C. Rekha and another D/o.late Mr.J.S.Chakrapani, Both at No.23, Muthiappa Street, Shenoy Nagar, Chennai 600 030.

2.Mr.J.C.Sanjeevi Kumar S/o.Late J.S.Chakrapani Respondent(s) CS SR No. 174553 of 2025

1. Mr. J.C. Sathishkumar S/o.Late.Mr.J.S.Chakrapani, No.23, Muthiapa Street, Shenoy Nagar, Ch-30 Plaintiff(s) Vs

1. Mrs. J.C. Rekha and another D/o.Late.Mr.J.S.Chakrapani, No.23, Muthiapa Street, Shenoy Nagar, Ch-30 1/4

2.J.C.Sanjeevi Kumar S/o.Late.Mr.J.S.Chakrapani, No.23, Muthiapa Street, Shenoy Nagar, Ch-30 Defendant(s) For Applicant(s):

M/s.C.Sivanesan M.Baskaran For Respondent:

ORDER

This application has been filed by the applicant seeking grant leave to sue the item II and III of the schedule properties.

2. According to the applicant, he is the plaintiff in the main suit. He filed the suit for partition and separate possession. The Item I of the schedule mentioned property is situated within jurisdiction of this Court whereas Item II and III of the schedule mentioned properties are situated outside the jurisdiction of this Court. Therefore, a substantial part of the cause of action has arisen within the jurisdiction of this Court and the suit can be instituted before this Court. The main prayer is for partition thereby the suit can also be filed before this Court. Therefore, the plaintiffs filed this present petition.

3. This Court heard petitioner side and perused the records.

4. Considering the reasons stated in the affidavit and that the item II and III of the schedule mentioned properties are situated outside the jurisdiction of this Court and that substantial part of cause of action has arose within the jurisdiction of this 2/4

Court, and considering the facts and circumstances of the case, this Court is inclined to allow this application.

5. Accordingly, this application is allowed.

6. The Registry is directed to number the suit, if it is otherwise in order. 15.12.2025 mtl 3/4

P.DHANABAL, J.

mtl IN CS SR NO. 174553 of 2025 15.12.2025 4/4