P S SHIVAKUMARKAR Vs. P H SUBBARAYAPPA

JUDGEMENT

(1.) Though matter is listed for preliminary hearing, by consent of learned Advocates appearing for the parties, matter is taken up for final disposal. I have heard the arguments of Sriyuths A.V.Gangadharappa and S.K.Venkatareddy, learned Advocates appearing for parties and perused the records.

(2.) Pleadings in respect of both the writ petitions are one and the same. Parties in both the writ petitions are also same. Hence, both the writ petitions are taken up together for adjudication and disposal.

(3.) W.P.No.36236/2015 is preferred by defendants 1 to 3 in O.S.No.1/2010 being aggrieved by the order dated 31.07.2015 passed on I.A.No.49 filed by plaintiff under Order 14 Rule 5 of CPC for recasting of issue No.1, which has since been allowed. W.P.No.31182/2016 is preferred by plaintiff in O.S.No.1/2010 being aggrieved by the order dated 29.04.2016 passed on I.A.No.54 filed by first defendant under Order 26 Rule 10(A) read with Section 151 CPC and Section 45 of the Evidence Act for a direction to the plaintiff to undergo DNA test with first defendant and his wife Smt. Radhamma for confirmation of his paternity, which has since been allowed. Parties are referred to as per their rank in the trial Court.