T EKAMBARAM Vs. BHAVANI SAGARI

JUDGEMENT

(1.) What is the territorial jurisdiction of the Chennai City Civil Court ? What are the local limits of the ordinary original civil jurisdiction of the High Court ? Whether the local limits of the ordinary original civil jurisdiction of the High Court coincides with the limits of the Chennai City Municipal Corporation ? These are the questions which have arisen for examination in this civil revision petition. The petitioner is the defendant in O.S. No. 7289 of 2011 on the file of the learned XVI Assistant Judge, City Civil Court, Chennai. The respondent has filed the said suit seeking a decree for permanent injunction to restrain the defendant from in any manner interfering with his alleged peaceful possession and enjoyment of the suit property. The suit property has been described as follows:-

(2.) According to the plaint, the suit property lies within the territorial jurisdiction of the City Civil Court, Chennai. On appearance before the lower Court, the defendant filed an interlocutory application in I.A. No. 2601 of 2012 seeking to reject the plaint as neither the suit property falls within the territorial jurisdiction of the City Civil Court, Chennai nor had there been any cause of action, either in full or in part, occurred within the territorial jurisdiction of the City Civil Court, Chennai. According to the defendant, the suit property lies in Kathirvedu revenue village and the said revenue village falls within the territorial jurisdiction of the District Munsif Court, Tiruvottiyur. Alternatively it was also contended before the lower Court that presently, the suit property falls within the revenue village of Kolathur and Kolathur village falls within the territorial jurisdiction of the Chennai City Civil Court.

(3.) The trial Court went into the above question of jurisdiction and finally dismissed the interlocutory application holding that the suit property falls within the territorial jurisdiction of the City Civil Court, Chennai. Challenging the said order, the petitioner is before this Court with this revision petition.