OSA No.233 of 2022.

IN THE HIGH COURT OF JUDICIATURE AT MADRAS

DATED : 08.06.2023

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN

and

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

O.S.A. No. 233 of 2022

M. Ct. P. Chidambaram

.. Appellant

Versus

1. M.Ct. Pethachi

2. M.Ct.P. Muthiah

.. Respondents

Original Side Appeal filed under Order XXXVI Rule 1 of the Original

Side Rules read with Clause 15 of Letters Patent against the order dated

20.07.2022 passed in Application No. 1799 of 2022 in Civil Suit Diary No.

39450 of 2022 on the file of this Court.

For Appellant

:

Mr. PL. Narayanan, Senior Advocate

for Mr. E. Hariharan

For R2

:

Mr. AR.L. Sundaresan, Senior Advocate

for Mr. C.T. Murugappan

JUDGMENT

(Judgment of the Court was delivered by R. MAHADEVAN, J)

The appellant has filed this intra-court appeal aggrieved by the order dated

20.07.2022 passed by the learned Judge rejecting his application bearing No.

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OSA No.233 of 2022.

1799 of 2022 filed to grant leave to institute the suit in respect of item Nos. I to

VI, VIII, XIII to XV of the properties morefully described in the plaint in C.S.D.

No. 39450 of 2022.

2.

The appellant, as plaintiff, has instituted the suit praying to grant a

decree directing the defendants (a) to specifically perform the family

arrangements dated 10.08.2018, including the oral family arrangement dated

09.09.2002 arrived at between the plaintiff and the defendants in respect of the

suit schedule properties or else appoint an officer of this Court or an Advocate

Commissioner to enforce the family arrangements dated 10.08.2018 including

the oral family arrangement dated 09.09.2022 arrived at between the plaintiff

and the defendants in respect of the suit schedule properties; (b) to declare the

Settlement deed dated 23.07.2021 bearing Doc.No.2058 of 2021 executed by the

first defendant in favour of the second defendant on the file of Sub Rgistrar

Office, Marakkanam as null and void; (c) to declare the Special Power of

Attorney dated 25.03.2022 bearing document No. 26 of 2022 executed by the

first defendant in favour of Mr. Sridharan on the file of Sub-Registrar Office,

Mylapore as null and void; and (d) for permanent injunction restraining the

defendants, their agents, servants or any person from in any manner alienating

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OSA No.233 of 2022.

and/or dealing with the suit properties morefully described in the plaint; and for

costs.

3.

According to the appellant / plaintiff, the properties referred to in

the Memorandum of Family Arrangements arrived at in the years 2002 and 2018

include the properties situated within the jurisdiction of this Court as well as

outside the territorial jurisdiction of this Court. Therefore, by way of abundant

caution, he has sought the leave of the Court to institute the suit insofar as it

relates to the properties, which are listed as item Nos.1 to VI, VIII, XIII to XV of

the plaint. These properties are lying outside the jurisdiction of this Court and

they are also required to be dealt with under the above suit. The prayer sought

for in the suit is also one for declaration to declare the settlement deed executed

by the first defendant in favour of the second defendant on 23.07.2021 as null

and void. It is further stated that the properties covered in the said settlement

deed dated 23.07.2021 are situated at Aatchikadu and a part of cause of action

arises out of the jurisdiction of this Court. Similarly, the properties included as

item Nos.I to VI, VIII, XIII to XV of the plaint schedule properties are situated

outside the jurisdiction of this Court. However, a major part of the cause of

action to institute the suit arose within the jurisdiction of this Court, where the

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OSA No.233 of 2022.

other properties listed in the plaint schedule are lying. Therefore, along with the

suit, the application viz., A.No.1799 o