LAKSHMAMMA Vs. NAGARAJU

JUDGEMENT

(1.) Heard Sri. Arun A. Gadag, learned counsel appearing on behalf of Sri. K. Shridhara, learned counsel for petitioners and Sri. S.R. Krishna Kumar, learned counsel appearing for respondent Nos. 1 and 2. Perused the case papers.

(2.) Respondents have filed the suit -

(3.) During the pendency of said appeal in R.A.No.158/2012 an application under Order 41 Rule 27 r/w Order XXVI Rule 10-A and Sec. 107 Civil Procedure Code and Sec. 45 of Evidence Act, 1872 came to be filed by the appellants seeking permission to adduce additional evidence by seeking for DNA test/paternity test of respondents and appellant Nos.4, 5 and 6 being conducted. Said application has been allowed by the impugned order dated 27.08.2014 which has been assailed by the defendants i.e., respondents in R.A.No.158/2012.