Madras High CourtCMP(MD)/9034/2023ordered

Xavier v. J.Jency

2023-07-27Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Seventh day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice K. GOVINDARAJAN THILAKAVADI CMP(MD) No.9034 of 2023 in CRP(MD)No.1809 of 2023 1 XAVIER 2 MARIA ELICY 3 MARIAJESLY 4 A.VEDARANAI ... PETITIONERS/PETITIONERS Vs 1 J.JENCY 2 J.JASBRIT NIVIN ... RESPONDENTS/COMPLAINANT MINOR REPRESENTED THROUGH HIS MOTHER AND NATURAL GUARDIAN 1st RESPONDENT HEREIN 3 JOHN NAVIS ... RESPONDENT/RESPONDENT No.1 (NO RELIEF SOUGHT FOR AGAINST RESPONDENT NO.3 HENCE NOTICE TO HIM MAY BE DISPENSED WITH) Civil Miscellaneous Petition filed praying that in the circumstances stated

therein and in the affidavit filed therewith the High Court may be pleased to dispense with the the personal appearance of the petitioners before the learned Judicial Magistrate, Additional Mahila Court, Madurai in connection with DVC No.52 of 2022 pending on his file.

Prayer in CRP(MD). 1809/ 2023 :

Civil Revision Petition filed under Article 227 of Constitution of India, to call for the records pertaining to the case in D.V.C.No.52 of 2022 pending on the file of Learned Judicial Magistrate, Additional Mahila Court, Madurai and set aside the same in so far as the Petitioners/ Respondents 2 to 5 are concerned. ORDER : This Civil Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.RAJMOHAN, Advocate for the petitioner, the Court made the following order:- Being satisfied with the reasons stated in the affidavit filed in support of this petition, personal appearance of the Petitioners before the Judicial Magistrate, Additional Mahila Court, Madurai in connection with DVC No.52 of 2022, is dispensed with.

Accordingly, this petition is allowed.

sd/- 27/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE JUDICIAL MAGISTRATE ADDITIONAL MAHILA COURT, MADURAI.

+1 CC to M/s.R.RAJAMOHAN, Advocate ( SR-11404[I] dated 28/07/2023 )

ORDER

IN CMP(MD) No.9034 of 2023 in CRP(MD)No.1809 of 2023 Date :27/07/2023 SS/MR/10/08/2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023