Allowed¶28

Pigileti Balasubramanyam v. Mullagiri Anand Kumar

Madras HC24 Nov 2025A/5831/2025

Case brief

AI extract

What is this about?

Leave to sue; Clause 12 of the Letters Patent; Order XIV Rule VIII Original Side Rules; Order III Rule 1 O.S.Rules; Madras High Court; P. Dhanabal J.; 24-11-2025; A No.5831 of 2025 in CS DR.No.29114 of 2025; suit for specific performance; defendant residing outside Court's jurisdiction; substantial part of cause of action arose within jurisdiction; application allowed, leave granted; Registry directed to number the Suit.

What did the court decide?

Leave granted to the applicant/plaintiff to sue the respondent/defendant residing outside the jurisdiction of this Court; the Registry is further directed to number the Suit if it is otherwise in order. ¶28

Pigileti Balasubramanyam Vs Mullagiri Anand Kumar — Madras HC (2025) — LawSathi Research

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A No.5831 of 2025

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CS DR.No.29114 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24-11-2025

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CORAM

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HONOURABLE MR.JUSTICE P.DHANABAL

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A.No.5831 of 2025 in CS DR.29114 of 2025

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Mr.Pigileti Balasubramanyam S/o.Mr.Subramanyam, 3, Bashyakaralu Street, Kondithope, Chennai 600 001.

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...Applicant/Plaintiff

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Mr.Mullagiri Anand Kumar S/o.Mr.M.Krishna, Presently residing at 4/47, II Floor, II Mettu Cross Street, Perumbakkam, Kancheepuram District 600 100.

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...Respondent/Defendant

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Page No.1 of 4

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https://www.mhc.tn.gov.in/judis

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A No.5831 of 2025

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in CS DR.No.29114 of 2025

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Prayer : This application has been filed under Order XIV Rule VIII of the Original Side Rules r/w Order III, Rule 1 of O.S.Rules r/w Clause 12 of the Letters patent to grant leave to sue the respondent/defendant who is residing outside the Jurisdiction of this Court.

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For Applicant : M/s.J.Titus Enock

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ORDER

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This application has been filed by the applicant to grant leave to sue against the respondent/defendant, who is residing outside the Jurisdiction of this Court.

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According to the applicant, he is the plaintiff in the main Suit and filed the Suit for Specific Performance of Contract, the property is situated within the Jurisdiction of the Court and the cause of the action also arose within the Jurisdiction of the Court. However, the respondent/defendant is residing outside the Jurisdiction of the Court. Therefore, he filed this application.

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Page No.2 of 4

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https://www.mhc.tn.gov.in/judis

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A No.5831 of 2025

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in CS DR.No.29114 of 2025

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Considering the reasons stated in the affidavit and the substantial

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part of the cause of action arose within the Jurisdiction of the Court. However, the defendant is residing outside the Jurisdiction of the Court. Therefore, this application is allowed. Leave is granted.

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