DALIP SINGH S/O SH. MAILAL, AGED ABOUT 65 YEARS, R/O LAKHANWAS, TEHSIL BHADRA, DISTRICT HANUMANGARH (RAJ.) Vs. RAMESH S/O DALIP SINGH, R/O LAKHANWAS, TEHSIL BHADRA, DISTRICT HANUMANGARH (RAJ.)

JUDGEMENT

(1.) Though the matter has come up on an application for vacation of the interim order, however, with the consent of the parties, the writ petition itself is being disposed of, instead of dealing with the application Art. 226(3) of the Constitution.

(2.) By way of present writ petition, petitioners have oppugned the order dated 23.11.2016 passed by the learned Additional District Judge, Bhadra, District Hanumangarh whereby the application dated 17.09.2016 filed by the plaintiff-respondent under Order 26, Rule 10A of the Code of Civil Procedure, seeking conducting of DNA Test, has been allowed. The necessary facts for the decision of the present writ petition are as follows.

(3.) The respondents No.1 and 2 filed a suit for cancellation of four sale deeds executed by the defendant No.1 Dalip Singh, inter alia, claiming that the plaintiff No.1 is son of defendant No.1 whereas the plaintiff No.2 is his legally wedded wife. It was contended that the land, which has been sold by way of subject sale deeds dated 21.03.2011, was ancestral/HUF property of Dalip Singh and as such, Dalip Singh had no authority and right to transfer the land, ignoring the rights of the plaintiffs in the undivided property of the coparcenary property.