P MARIAMMAL Vs. S SHRI SUBITHA

JUDGEMENT

(1.) The Defendants 1 and 2, who filed an Application No.8376 of 2017 in C.S.Diary No.45760 of 2017, are the appellants and aggrieved by the impugned order dated 05.04.2018, in and by which, the leave was granted to the 1st respondent / plaintiff, who instituted a suit on the file of this Court and hence, came forward to file this appeal.

(2.) The 1st respondent / plaintiff has instituted a suit for partition to declaring her 1/5th share in the Suit Schedule properties described in Schedule A to I, by passing a preliminary decree and directing the defendants 1 and 2 to pay the mesne profit and other consequential benefits.

(3.) Since majority of the suit properties except four items viz., 16(1), 17 & 19 of Schedule A Properties and item 37 in C Schedule properties sought relief under Clause 12 of the leave petition by filing A.No.8376 of 2017. It is a stand of the 1st respondent / plaintiff that he is in joint possession of all the properties "forum conveniens" for all the properties as this Court for the reason that all are residing in Chennai or outer periphery of Chennai and the witness have to be examined are also within the jurisdiction of Chennai and that Okiyam Nagar is now also annexed to the Corporation of Chennai and therefore, prays for interim stay.