Pl.Nithya @ Meenakshi vs M.Theivanai @ Saroja
2022 Latest Caselaw 10700 Mad

                                                                           C.S.No.308 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 21.06.2022

                                                    CORAM

                           THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                                C.S.No.308 of 2021

                     1.PL.Nithya @ Meenakshi

                     2.R.Lakshmi

                     3.N.Prakash                                        ... Plaintiffs
                                                       Vs
                     1.M.Theivanai @ Saroja

                     2.N.Valliammai @ Malathi

                     3.M.Kavitha

                     4.M.Meenakshi

                     5.M.Aarthi

                     6.Minor M.Annamalai
                       Rep.by his mother and Guardian M.Kavitha

                     7.N.Meenakshi

                     8.ICICI Bank,
                       Rep.by its Branch Manager,
                       St.Marys Anglo Indian High Secondary School,
                       Catholic Centre, 1st floor,
                       64, Armenian Street, Chennai – 600 001.        ... Defendants

                                                        1


https://www.mhc.tn.gov.in/judis
                                                                                             C.S.No.308 of 2021


                                  Plaint filed under Order VII Rule 1 C.P.C read with Order IV

                     Rule 1 of O.S. Rules:

                                  a) preliminary decree in respect of the property described in item

                     No.1 to 5 and allot 1/12th share in favour of plaintiffs 1 and 2 and 1/9th share

                     in favour of 3rd plaintiff;

                                  b) permanent injunction restraining the defendants from alienating

                     or encumbering the properties mournfully described in items 1 to 5 of the

                     suit schedule;

                                  c) and for costs of the suit.

                                            For Plaintiffs            : M/s.AL.Ganthimathi

                                            For Defendants            : Mr.Ilayakumar
                                                                      for M/s.Ramalingam and Associates


                                                       JUDGMENT

During pendency of the suit, an application in A.No.1386 of 2022,

has been moved by the respondents 1 to 3/plaintiffs herein, under Order VII

Rule 11 of CPC, seeking to reject the plaint on the ground of territorial

jurisdiction of this Court.

https://www.mhc.tn.gov.in/judis C.S.No.308 of 2021

2. By order dated 31.03.2022, this Court passed orders, rejecting

the plaint and accordingly, the plaint has been rejected giving liberty to the

plaintiff to work out her remedy before the Debt Recovery Tribunal in the

manner known to law.

3. In view of the above, no further adjudication is required in this

Suit. Accordingly, this Civil Suit is closed. Connected Application is closed.

21.06.2022

Pns

https://www.mhc.tn.gov.in/judis C.S.No.308 of 2021

KRISHNAN RAMASAMY.J,

pns To

The Sub Assistant Registrar, Original Side, High Court, Madras.

C.S.No.308 of 2021

21.06.2022

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