Full Judgment
CRP.No.326 of 2024
P.B.BALAJI, J.
This Court, vide order dated 08.07.2025, disposed of this Civil Revision petition with a specific direction that the Certified copy that is issued to the learned counsel for the parties shall alone contain the names of the parties and in the order copy that is being uploaded in the website, it was directed not to mention the name of the parties.
2. However, it is brought to my notice that, the certified copy issued to the learned counsel for the parties also does not contain the names of the parties.
3. In view of the above, Registry is directed to comply with Para 4 of the
order dated 08.07.2025 and issue fresh order copy to the learned counsel for the
parties.
4. All the other observations made in the earlier order dated 08.07.2025 shall remain intact. 18.07.2025 skt
P.B.BALAJI, J.
skt CRP.No.326 of 2024 18.07.2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-07-2025
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI AND CMP NO. 1524 OF 2024 AAA Name and address of the petitioner is redacted and substituted by substituted by AAA vide court order dated No.4992/2024 in CRP No.326 of 2024. Petitioner(s) Vs.
1. BBB 2.CCC 3.DDD Name and address of the respondents 1 to 3 is redacted and substituted by BBB
to DDD respectively vide court order
dated 01/03/2024 made in CMP No.4992/2024 in CRP No.326 of 2024. Respondent(s) PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the order passed by the XIIth Assistant Judge, City Civil Court in IA No.04/2022 in OS No.4920/2020 dated 05.09.2023. For Petitioner(s): Mr.T.V. Sekar For Respondent(s): Mr.Roshan Balasubramanian For R1 Caveator
ORDER
This Civil Revision Petition has been filed challenging the order in I.A.No.4 of 2022 in O.S.No.4920 of 2020 on the file of the XIIth Assistant Judge, City Civil Court, Chennai, seeking for a DNA test to be undergone by the plaintiff, second defendant as well as the third defendant.
2. Pending the Civil Revision Petition, the parties have entered into a
Joint Memorandum of Compromise, in and by which, a sum of Rs.40,00,000/- has been paid in full quits to the petitioner herein, towards compensation for having raised the plaintiff in a luxurious manner.
3. Mr.T.V.Sekar, learned counsel for the petitioner admits and
acknowledgement receipt of the said amount by way of Demand Draft. The payment is also recorded in the memorandum of compromise dated 07.07.2025. The said memorandum of compromise is presented before me for approval.
4. The learned counsel for the first respondent/plaintiff states that the suit
is for determination of paternity. The DNA test has to be undergone by the first respondent and the third respondent before passing judgment in the suit. He also requests the names of the parties not to be mentioned in the website for the purpose of privacy. However, the certified copy issued to the counsel alone shall contain the names of the parties. The order being uploaded in the website shall not contain the parties' names.
5. The Trial Court is directed to dispose of the suit after calling for the DNA report.
6. In view of the compromise memo filed by the parties, the order passed in I.A.No.4 of 2022 is modified to direct the first respondent and third
respondent namely, the plaintiff and the defendant No.2 alone to give samples for DNA test and the direction by the trial Court to collect the samples from the third defendant is set-aside.
7. The joint memorandum of compromise shall form a part and parcel of this order.
8. This Civil Revision Petition is disposed of with the aforesaid observations. No costs. Consequently, connected Miscellaneous Petition is closed. 08-07-2025 jd Index:Yes/No
Speaking/Non-speaking order
Internet:Yes Neutral Citation:Yes/No Note: Issue order copy on 10.07.2025. To The XIIth Assistant Judge, City Civil Court, Chennai. P.B.BALAJI J. jd AND CMP NO. 1524 OF 08-07-2025