POTU CHINA MUSALAIAH Vs. POTU YALLAMANDA

JUDGEMENT

(1.) The respondents herein filed O.S.No.213 of 2010 against the petitioner in the Court of Principal Senior Civil Judge, Narasaraopet, for partition and separate possession of the suit schedule properties. They pleaded that the petitioner is their father, and in spite of repeated requests made by them, he did not effect partition of the suit schedule properties. The petitioner filed a written- statement, opposing the suit. He disputed his relationship with the respondents. According to him, he married the mother of the petitioners, by name, Ramakotamma, but within few years after the marriage, they started living separately, and that he is not the father of the respondents.

(2.) The petitioner filed I.A.No.849 of 2012, under Section 45 of the Indian Evidence Act, with a prayer to send the blood samples of himself and respondents to a laboratory, to determine the parentage of the respondents. The application was opposed by the respondents. They pleaded that M.C.No.23 of 1995 was filed by them and their mother, in the Court of Additional Junior Civil Judge, Addanki, against the petitioner, and though similar plea, which is raised now; was taken in the M.C also, the trial Court rejected the same. They pleaded that M.C.No.23 of 1995 was allowed on 27-03-1996, and that the order passed therein became final.

(3.) The trial Court dismissed the I.A., through order dated 10-07-2013. Hence, this revision.