T. Devasana v. Mrs. S. S. Visalakshni Ammal and 2 Others

ORDER This application has been filed by the applicant/plaintiff seeking to grant leave to sue the respondents 1 and 2 / defendants 1 and 2 who are living outside the Jurisdiction of this Hon'ble Court in respect of the properties described in Item Nos.2 to 4 in the plaint schedule which are also situated outside the Jurisdiction of this Hon'ble Court.

¶2According to the applicant, she is the plaintiff in the main suit and filed the suit for partition. The first item of the suit property is situated within the jurisdiction of this Court and item nos. 2 to 4 of the suit properties are situated outside the jurisdiction of this Court. The third defendant is residing within jurisdiction of this Court and the defendants 1 and 2 are residing 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.

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

¶4Considering the nature of suit that the first item of the suit property is situated within the jurisdiction of this Court and item nos. 2 to 4 of the suit properties are situated outside the jurisdiction of this Court. The third defendant is residing within jurisdiction of this Court and the defendants 1 and 2 are residing 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.

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

05.02.2026 mtl AoNo.o569oofo2026 inoCSoDr.No.194426oofo2025 P.oDHANABAL,oJ., mtl AoNo.o569oofo2026 inoCSoDRoNo.194426oofo2025

05.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-02-2026 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL in CS DR No.194426 of 2025 1. T. Devasana W/o.K.A.Thirumalaiappan, 22, Siva Siva Block, Valarnagar, Uthangudi, Madurai 625 023. Applicant(s) Vs 1. Mrs. S. S. Visalakshni ammal and 2 others W/o.S.M.Subbiah, D Block, Quarter No.2, Senior Officers Colony, (IAS Colony) Beltola Bazaar Road, Khanapara, Gowahati 781 022. 2.Mr.S.S.Meenakshisundaram I.A.S. S/o.S.M.Subbiah 3.Mrs.S.S.Pankajam W/o.B.V.Surendra Sha, 79-B, Appu Street, Mylapore, Chennai 600 004. Respondent(s) PRAYER : To grant the Applicant Leave to Sue the Respondents 1 and 2/Defendants 1 and 2 who are living outside the Jurisdiction of this Hon'ble Court in respect of the properties described in Item Nos.2-4 in the schedule hereunder which are also situated outside the Jurisdiction of this Hon'ble Court, through the above suit before this Hon'ble Court. For Applicant(s): M/s.G.Rajkumar Anjanaa Aravindan Hemalatha P.M. For Respondent: