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2025 DAILYLAW 200475 (MAD)

M.GANESAN v. PHILIP ABRAHAM and 2 others

A/5917/2025 · 2025-11-27

P Dhanabal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A No.5917 of 2025 in CS DR.No.190061 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.11.2025 CORAM THE HONOURABLE MR.JUSTICE P.DHANABAL A. No.5917 of 2025 in CS DR.No.190061 of 2025 M. Ganesan … Applicant/Plaintiff Versus 1.Philip Abraham, S/o. M. P. Abraham, No.78981 Apricot Lane, Palm Desert, California – 92211. USA. Also at: No.F-2, Tuscany Apartments, No.41, College Road, Chennai – 6. 2. Asha George Peter, W/o. M. George Peter & D/o. M. P. Abraham, No.F-2, Tuscany Apartments, No.41, College Road, Chennai – 6. 3.Susan Verghese, W/o. Verghese Antony & D/o. M. P. Abraham, No.4/485, Don Buck Road, Massey, Auckland 0614, New Zealand. … Respondents/Defendants Prayer : Application filed under Order XIV Rule 8 r/w Order III Rule 1 of Page No.1 of 5 https://www.mhc.tn.gov.in/judis A No.5917 of 2025 in CS DR.No.190061 of 2025 of the Original Side r/w Clause 12 of the Letters Patent, prayed to grant leave to sue against the Respondents 1 & 3/Defendants 1 & 3. For Applicant(s): Mr. A. Rajkumar ORDER This application has been filed by the applicant/plaintiff seeking leave to sue the respondents1 and 3/defendants 1 and 3. 2. According to the applicant/plaintiff, the main suit was filed for the relief of specific performance of contract against the respondents/defendants. It is further submitted that the suit properties are situated within the Jurisdiction of the Court and that the cause of action has also arisen within the Jurisdiction of the Court. However, the respondents 1 and 3 /defendants 1 and 3 are residing outside the territorial Jurisdiction of Page No.2 of 5 https://www.mhc.tn.gov.in/judis A No.5917 of 2025 in CS DR.No.190061 of 2025 the Court. Therefore, the applicant/plaintiff has filed the present application before this Court. 3. Considering the above status and circumstances of the case, and upon perusal of the reasons stated in the affidavit, and in view of the fact that the Suit properties are situated within the Jurisdiction of the Court and a substantial part of the cause of action arose within the Jurisdiction of the Court, this application is allowed. Leave is granted. 4. The Registry is directed to number the Civil Suit, if it is otherwise in order. 27.11.2025 klt Page No.3 of 5 https://www.mhc.tn.gov.in/judis A No.5917 of 2025 in CS DR.No.190061 of 2025 P.DHANABAL,J. klt Page No.4 of 5 https://www.mhc.tn.gov.in/judis A No.5917 of 2025 in CS DR.No.190061 of 2025 A. No.5917 of 2025 in CS DR.No.190061 of 2025 27.11.2025 Page No.5 of 5 https://www.mhc.tn.gov.in/judis