Single bench order dismissing an application for DNA testing and medical examination. The court held paternity was irrelevant as the core dispute concerned the validity of a settlement deed, not the biological relationship between parties. Matter remanded for evidence continuation.
Application for appointment of commissioner for DNA test and medical examination dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 21ST DAY OF FEBRUARY 2018 THE HON'BLE JUSTICE R.SUBRAMANIAN A.No.1440 of 2018 in C.S.No.121 of 2011
C.S.No.121 of 2011
l.L.Suresh, S/o.M.Logaiah, New No.4/58, Raju Naicken Street, Old Door No.19, West Mambalam, Chennai-600 033. .. Plaintiffs
-Vs1.S.Bhanumathi W/o.Late.Mr.K.Sarboji No.4/58, Raju Naicken Street, Rear Portion, West Mambalam, Chennai -600 033.
2.Selvi S.Kamalajothi, D/o.Late.Mr.K.Sarboji No.4/58, Raju Naicken Street, Rear Portion, West Mambalam, chennai -600 033.
3.Mrs.B.Karthikajothi W/o.D.Babu, No.1/8, Thilak Street, T.NAgar, Chennai -600 017. ...Defendants
A.No.1440 of 2018
1.S.Bhanumathi W/o.LAte.Mr.K.Sarboji No.4/58, Raju Naicken Street, Rear Portion, West Mambalam, Chennai -600 033.
2.Selvi S.Kamaljothi, D/o.Late.Mr.K.Sarboji No.4/58, Raju Naicken Street, Rear Portion, West Mambalam, Chennai -600 033.
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3.Mrs.B.Karthikajothi, W/o.D.Babu, No.1/8, Thilak Street, T.Nagar, Chennai -600 033. ... Applicants/Defendants
.Vs.
L.Suresh, No.4/58, Raju Naicken Street, Front portion, west Mambalam, Chennai -600 033. ...Respondent/Plaintiff
Application praying that this Hon'ble Court be pleased to why an advocate commissioner should not be appointed for taking the plaintiff and his alleged father, Mr.Logiah before the MEDICAL BOARD for MEDICAL EXAMINATION and for conducting DNA TEST on them by way of scientific investigation.
This Application coming on this day before this court for hearing the court made the following order:
This application has been filed seeking appointment of Commissioner to take the plaintiff and his alleged father Mr.Logaiah before the Medical Board for Medical Examination and for conducting DNA Test on them by way of scientific investigation.
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deed dated 11.09.2009 executed by the 1st defendant in favour of the 3rd defendant is null and void and for permanent injunction restraining the defendants from alienating and encumbering the suit property. The plaintiff has also sought for recovery of possession of the suit property from the defendants.
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complaints and counter complaints amongst the parties. The plaintiff has thus come forward with the present suit.
following issues for determination:
1. Whether the Settlement Deed dated 11.09.2009 is null and void not binding on the plaintiff?
2. Whether the plaintiff is the actual owner of the suit property?
3. Whether the plaintiff is entitled for permanent injunction as prayed for?
4. Whether the defendant is entitled for 1/3rd share in the suit property?
5. To what other relief?
has been filed by the 1st defendant seeking DNA Test. From
the facts narrated above I do not see any reason for allowing this application. The issues to be decided in this
suit do not relate to the paternity of the parties. While the plaintiff claims that he is natural son of Logaiah, the defendant would claim that the plaintiff is adopted son of Logaiah and she would also claim that she is the adopted daughter of Logaiah.
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Sd/.R.S.M.J 21.02.2018
//Certified to be a true copy//
Dated this the 21st day of February 2018.
TE/08/03/2018 COURT OFFICER
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
3 issues framed by the court
Whether an advocate commissioner should be appointed for DNA testing and medical examination of the parties in a suit concerning property title and settlement deed validity.
Whether paternity testing is necessary when the core dispute involves the validity of a settlement deed rather than natural biological lineage.
Whether a DNA test is required to determine adoption status versus natural sonship in a civil property dispute.
S.Bhanumathi
Selvi S.Kamalajothi
Mrs.B.Karthikajothi
L.Suresh
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
