JAYAPPA Vs. LAKSHMAMMA

JUDGEMENT

(1.) The present respondents as plaintiffs in O.S.No.281/2006, in the Court of the learned Additional Senior Civil Judge and Chief Judicial Magistrate, Chickballapur, (hereinafter for brevity referred to as "the Trial Court") had lost their suit for partition and separate possession, which made them to prefer an appeal in R.A.No.16/2014, in the Court of the learned District and Sessions Judge at Chickballapur (hereinafter for brevity referred to as "the first appellate Court").

(2.) The present petitioners were the defendants in the suit, as such, they are the respondents in the first appellate Court. During the pendency of the regular appeal, the appellants therein who are the respondents herein filed an application, i.e. I.A.No.1 under Sec. 75(e) Order XXVI, Rule 10A read with Sec. 151 of the Code of Civil Procedure, 1908, (hereinafter for brevity referred to as "the CPC") and under Sec. 45 of the Indian Evidence Act, 1872, seeking a direction to respondents No.2 and 3 therein to furnish their blood samples for enabling the DNA testing with appellant No.2.

(3.) The first appellate Court, by its order dtd. 4/6/2016, while allowing the said I.A.No.1, directed the respondents No.2 and 3 before it to appear before the Court to give their sample blood. In the same order, the Medical Officer from the District Hospital was also directed to be present in the Court with suitable medical instruments to collect the blood sample. Aggrieved by the same, the respondents No.2 and 3 in the first appellate Court have preferred this writ petition.