HAREESH Vs. A.S.UMESH

JUDGEMENT

(1.) The petitioner/3rd defendant is before this Court calling in question an order dtd. 5/4/2025 passed by the Senior Civil Judge & JMFC, Channarayapatna allowing the application filed by the plaintiffs under Order XXVI Rule 10A of the Civil Procedure Code in O.S.No.89 of 2016.

(2.) Heard Sri M. Vijay Krishna Bhat, learned counsel appearing for the petitioner and Sri M.Murali Babu, learned counsel appearing for respondent Nos.1 and 2.

(3.) The petitioner is the 3rd defendant. Respondent Nos.1 and 2 who are plaintiffs 1 and 2 institute a suit for partition in O.S.No.89 of 2016. Defendants 1, 2, and 3 file their written statement. Issues are framed by the concerned Court on 11/1/2018. Evidence is led by the plaintiffs in the suit. Examination and cross-examination happen. On 7/9/2023, after completion of plaintiffs' evidence, the present petitioner was examined as DW-1 and the matter was posted for his cross-examination. At that stage, the plaintiffs file the application under Order XXVI Rule 10A of the CPC seeking DNA test of defendants 1 and 3 to determine blood relation and paternity by way of scientific examination through an expert. The said application comes to be allowed by the concerned Court in terms of its order dtd. 5/4/2025, despite vehement objections of defendants 2 and 3. It is allowing the application that has driven the petitioner/3rd defendant to this Court in the subject petition.