Allowed¶5

Regina Mary and 3 others v. Benita Arokiamary

Madras HC11 Dec 2025A/6119/2025

Case brief

AI extract

What is this about?

Leave to sue granted by Madras High Court in partition matter C.S.Sr.No.21835 of 2025 (A.No.6119 of 2025): applicants Regina Mary, Uma Maheshwari, Jeyanthi and Elizabeth sought leave against respondent Benita Arokiamary in respect of schedule Items I, II and III lying outside the Court's jurisdiction, Item IV lying within; substantial part of cause of action held to have arisen within jurisdiction; application allowed; Registry directed to number the suit. No statute or precedent discussed.

What did the court decide?

Leave granted to sue the respondent/defendant and Items I, II and III of the schedule property; Registry directed to number the suit if otherwise in order. ¶5

Regina Mary and 3 others Vs Benita Arokiamary — Madras HC (2025) — LawSathi Research

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A.No.6119 of 2025 in C.S.Sr.No.21835 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11-12-2025

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CORAM

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THE HONOURABLE MR.JUSTICE P. DHANABAL

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A No. 6119 of 2025 AND

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CS SR NO. 21835 OF 2025

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Regina Mary and 3 others W/o.Mr.Dhandaapani and D/o.Late Antony, No.32/82, Chinmaya Nagar, Sri Ayyappa Nagar, Virugambakkam, Chennai 600 092. and 3 Others

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2. Mrs.Uma Maheshwari

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W/o.Mr.Rajasekaran and D/o.Late Antony, Plot No.1822 I Block, 13th Main Road, Anna Nagar West, Chennai 600 040.

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3. Mrs.Jeyanthi

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W/o.Mr.Pa.Baalakumar and D/o.Late Antony, Old No.10, New No.23, Ganesapuram 3rd Street, Teynampet, Chennai 600 018.

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4. Mrs.Elizabeth

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D/o.Late Antony, No.1415, H Block, 16th MainRoad, Anna Nagar West, Chennai 600 040.

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

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A.No.6119 of 2025 in C.S.Sr.No.21835 of 2025

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Applicant(s)

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Benita Arokiamary W/o.Renganathan and D/o.Late Antony, Flat No.2, First Floor, DABC Flats, Plot No.1155, 21st Main Road (West) Arugnar Anna Nagar, Chennai 600 072.

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Respondent(s)

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CS SR No. 21835 of 2025

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Regina Mary

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Plaintiff(s)

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Benita Arokiamary

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Defendant(s)

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A No. 6119 of 2025 For Applicant(s): Ms.G.Uma Maheswari For M/s.M.Rajavelu

For Respondent:

ORDER

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

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A.No.6119 of 2025 in C.S.Sr.No.21835 of 2025

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This application has been filed by the applicants seeking grant leave to sue

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against the respondent / defendant and item I, II and III of the schedule property.

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According to the applicants, they are the plaintiffs in the main suit. They

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filed the suit for partition and separate possession. The Item IV of the schedule

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mentioned property is situated within jurisdiction of this Court whereas Item I, II and III of the schedule mentioned property are situated outside the jurisdiction of this

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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

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prayer is for partition thereby the suit can also be filed before this Court. Therefore,

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the plaintiffs filed this present petition.

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