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Madras High CourtA/459/2026allowed

M.L. Kasthuri v. Mr. M.L. Chandramouli And 3 Others

2026-01-30Honourable Mr.Justice P. Dhanabal4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-01-2026

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL IN CS Sr.No.209875 of 2025

1. M.L. Kasthuri Old No.9, New No.24, IInd Street, South Gopalapuram, Chennai 600 086.

Applicant(s) Vs

1. Mr. M.L. Chandramouli and 3 others Residing at No.20, 11th Street, G1, Nandanam Extension, Nandanam, Chennai 600 035.

2.Mr.M.L.Gopalakrishnan Residing at No.9/24, Second Street, Gopalapuram, Chennai 600 086.

3.Mr.M.L.Arunkumar Residing at No.9/24, Second Street, Gopalapuram, Chennai 600 086.

4.Ms.M.L.Gayathri Sundari Residing at No.538K/377A, Triveni Nagar, 2nd Sitiapur Road, Lucknow, U.P. 226-020.

Respondent(s)

PRAYER : To grant leave to institute the present suit against the Defendants seeking partition with respect to the properties set out in Schedule B and C of the accompanying draft plaint which are outside the jurisdiction of this Hon'ble Court.

For Applicant(s):

M/s.K.Sharath Chandran Gopika Nambiar Anukriti Anand Sanjay R V.S.Poosha Datta For Respondent:

ORDER

This application has been filed by the applicant/plaintiff seeking to grant leave to institute the present suit against the defendants, seeking partition with respect to the properties set out in schedule 'B' and 'C' of the accompanying draft plaint, which are outside the jurisdiction of this Court.

2. According to the applicant, she is the plaintiff in the main suit and filed the suit for partition. Most of the suit properties are situated within the jurisdiction of this Court and schedule 'B' and 'C' of the suit 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 plaintiff filed this present petition.

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

4. The plaintiff has filed a petition to grant leave to institute the suit before this Court in respect of the properties which are not situated within the jurisdiction of this Court. Considering the nature of suit, that most of the suit properties are situated within the jurisdiction of this Court and schedule 'B' and 'C' of the suit properties are situated outside the jurisdiction of this Court, substantial part of cause of action arose within the jurisdiction of this Court and also taking note of the facts and circumstances of the case, this court is inclined to allow this petition and therefore, leave is granted as prayed for.

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

30-01-2026 mtl

P. DHANABAL, J., mtl IN CS Sr.No.209875 of 2025 30.01.2026