Writ petition challenging a Trial Court order directing a sibling DNA test and recording findings on the petitioner's paternity in a partition suit. The petition was disposed of with an observation that such paternity findings are not conclusive.
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NC: 2026:KHC:6400 WP No. 13789 of 2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MS. JUSTICE TARA VITASTA GANJU
WRIT PETITION NO. 13789 OF 2020 (GM-CPC)
BETWEEN:
SRI. C.MAHADEVA SHETTY S/O LATE CHIKKAMADA SHETTY, AGED ABOUT 57 YEARS, R/AT NARASAMANGALA VILLAGE, HARADANAHALLI HOBLI, CHAMARAJANAGARA TALUK AND DISTRICT.
(BY SRI. CHINMAY KURANWAD., ADVOCATE FOR SRI. NAGARAJ.R.C., ADVOCATE)
AND:
CHAMARAJANAGARA TALUK AND DIST.
NC: 2026:KHC:6400 WP No. 13789 of 2020
HC-KAR
AGED ABOUT 43 YEARS, R/AT NARASAMANGALA VILLAGE, HARADANAHALLI HOBLI, CHAMARAJANAGARA TALUK AND DIST.
(BY SRI. D.C.DEEPAK., ADVOCATE FOR R1 TO R4; SMT. MANJULA.P.V., ADVOCATE FOR R5)
THIS W.P. FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD.15.10.2020 PASSED BY THE TRAIL COURT ON IA NO.11 IN O.S.NO.105/2017 PENDING BEFORE THE SENIOR CIVIL JUDGE (SR.DN) CHAMARAJANAGAR MARKED AS ANNEXURE-G TO THE WRIT PETITION AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU
NC: 2026:KHC:6400 WP No. 13789 of 2020
HC-KAR
ORAL ORDER
"1. The challenge in the present petition is to an order dated 15.10.2020, on I.A.No.XI in O.S.No.105/2017, passed by the learned Senior Civil Judge & CJM, Chamarajanagar (hereinafter referred to as the “Trial Court”), wherein the learned Trial Court has directed the petitioner/plaintiff and the first respondent/ first defendant to subject themselves for a “sibling DNA Test” at the Government District Hospital, Chamarajanagar.
2. The learned counsel for the petitioner/plaintiff submits that the plaintiff has produced documents, in support of his contention that he is the natural born son of the said Chikkamadashetty.
3. The learned counsel for the respondents, on the other hand, refutes these contentions. He submits that the date of death of the father is ‘09.09.1953’ and that the document that has been produced by the petitioner is a School admission extract, which shows his date of birth as ‘01.06.1961’. The learned counsel for the respondents thus submits that since there is a gap of eight years between the date of death of the father and the date of birth as set out by the petitioner, the petitioner could not be the natural born son of late Chikkamadashetty.
4. The learned counsel for the petitioner/plaintiff requests for some time to place on record the judgment that he seeks to rely on along with the documents filed before the Trial Court.
5. Let the needful be done within three days.
6. List this matter on 03.02.2026 .”
NC: 2026:KHC:6400 WP No. 13789 of 2020
HC-KAR
that he has not filed any documents before the learned Trial Court but has adduced other evidence in support of his case. Thus no documents have been filed by him before this Court either.
NC: 2026:KHC:6400 WP No. 13789 of 2020
HC-KAR
the evidence and pass a final judgment in accordance with
law. It is clarified that this order is being passed without
prejudice to the rights and contentions of both parties.
Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA
(TARA VITASTA GANJU) JUDGE
YN List No.: 2 Sl No.: 7
1 issue framed by the court
Whether the Trial Court's direction for a sibling DNA test and its findings on the petitioner's paternity could be challenged under Article 227?
1 provisions across 1 enactments
SRI. C.MAHADEVA SHETTY
SRI. C.NAGASHETTY
SMT. CHIKKAMADAMMA
SRI. ANANDA KUMAR
SMT. GOWRAMMA
SMT. RAJAMMA
TARA VITASTA GANJU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
