A No. 750 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-02-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL A No. 750 of 2026 in CS NO. 31 OF 2026 C. Babu S/o.Late.Chandrasekaran, No.1, Sherfudeeen Street, Choolaimedu, Chennai-94 ..Applicant(s) Vs 1. V. A. Paneerselvam S/o.V.Arumugam (Late) No,620(old) A.S.T.C, HUDCO, Hosur-635109 2. V.A.Selvaraj S/o.V.Arumugam(Late), No.6, Railway Colony 1st Street, Aminjikarai, Madars-600029 3. Thirupurasundari W/o.V.A.Kumaravelu(Late), No.72, G/4, 4th Street, Sivanandapuram, Coimbatore-541035 4. V.K.Senthilvel S/o.V.A.Kumaravelu(Late), Shreyas Apartment, D-1B,3, Krishnagar Main Road, Thiru.V.Ka Nagar, Chennai-600082 5. R.Jayanthi D/o.V.A.Kumaravelu(Late) https://www.mhc.tn.gov.in/judis A No. 750 of 2026 __________ Page2 of 5 6. K.Jeyanthi D/o.K.V.Karthikeyan(late) 7. K.Sreeranjani D/o.K.V.Karthikeyan(Late) 8. K.Suryanarayanan S/o.K.V.Karthikeyan(Late), Defendants 5 to 8 are residing at No.72, G/4, 4th Street, Sivanandapuram, Coimbatore-541035 9. M.Jones S/o.Manse, No.2, Moovarasan Pet Main Road, Madipakkam, Chennai-91 10.S.Raja Mohammad S/o.Sinnaiah Rawthor, No.10, Kavarai Street, Kaladipet, Chennai-19 11.Riyas Mohammad S/o.Raja Mohammad, No.77, Sembudoss Street, Chennai-1 12.C.Janaki Chandrasekaran W/o. Chandrasekaran(Late), No.33, Pushpavathiammal Street, West Mambalam, Chennai-600033 13.D.Kalaiselvi W/o.K.Durai, No.26, New Chawdry Nagar, Valasaravakkam, Chennai-87 14.C.Kumar S/o.A.Chandrasekaran, No.33, Pushpavathi Ammal Street, West Mambalam, Chennai-33 https://www.mhc.tn.gov.in/judis A No. 750 of 2026 __________ Page3 of 5 15.V.Vijayakumari W/o.N.Vasudevan, No.11, Rajiv Gandhi Nagar Annexe, Nerkundram, Chennai-107 16.C.Manikandan S/o.A.Chandrasekaran(late) No.1, Bajanilkoil 1st Street, Choolaimedu, Ch-94 ..Respondent(s) Prayer : Application filed under II Rule II of CPC to grant permission under Order II Rule II of the Civil Procedure Code to sue for the remaining extent of 3600 at a later point of time on the same cause of action. For Applicant(s): Mr.S.R.Rajagopal Sr.Counsel for Ms.Selvi George ORDER This application has been filed by the applicant to grant him permission under Order II Rule II of CPC to sue for the remaining property at a later point of time on the same cause of action. 2. According to the applicant, he is the plaintiff in the main suit and filed the suit for relief of declaration. Originally, the total extent of property is about 6000 sq.ft., and the applicant / plaintiff constructed the building to an extent of 2400 sq.ft., and residing there along with his family. Now, the applicant is https://www.mhc.tn.gov.in/judis A No. 750 of 2026 __________ Page4 of 5 seeking declaration only in respect of the constructed area by reserving his right to seek legal remedy at a later point of time, therefore, filed this application. 3. Heard the learned senior counsel appearing for the applicant and perused the entire documents placed on record. 4. Since there is a dispute only with respect of 2400 Sq.ft., and the said 2400 Sq.ft., is situated within the total extent of 6000 Sq.ft., and the applicant has filed the suit only for the building constructed area, therefore, it is appropriate to allow this application. Considering the above said reasons and the facts and circumstances of the case, this application is allowed. 13-02-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ssd https://www.mhc.tn.gov.in/judis A No. 750 of 2026 __________ Page5 of 5 P.DHANABAL, J. ssd A No. 750 of 2026 IN CS NO. 31 OF 2026 13-02-2026 https://www.mhc.tn.gov.in/judis