The High Court granted leave to institute a suit for partition and separate possession under Clause 12 of the Letters Patent, in light of concurrent litigation by the respondent to avoid inconsistent orders.
Leave to institute the suit was granted; Registry directed to number the plaint.
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1
A.No.4632 of 2022 in C.S.DR.No.73830 of 2021
C.V.KARTHIKEYAN,J.
The application has been filed taking advantage of Clause 12 of the Letters Patent seeking leave to institute a suit.
2.The suit has been filed seeking partition and separate possession. It is stated that one of the property is within the jurisdiction but there are other properties which are situated outside the jurisdiction.
3.It is also informed that the respondent had instituted a suit in C.S.No.56 of 2022 and therefore, it would only be appropriate that the issues relating to the parties are decided in one forum, to avoid inconsistency in the orders to be passed.
4.Viewed from that particular angle, leave is granted and this application is allowed. The Registry is directed to number the plaint, if it is otherwise in order.
19.10.2022
smv
C.V.KARTHIKEYAN,J.
2
Smv
A.No.4672 of 2022 in C.S.DR.No.107737 of 2022
19.10.2022
Applicant
Respondent
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
