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2015 Supreme(All) 2592

DEVENDRA KUMAR UPADHYAYA
Madhu – Appellant
Versus
District Judge Sitapur – Respondent


Advocates Appeared:
For the Petitioner:- Janardan Prasad
For the Respondent:- U.N. Misra

JUDGMENT

Devendra Kumar Upadhyaya,J.

Heard learned counsel for the petitioner.

2. These proceedings under Article 226 of the Constitution of India have been instituted assailing the order dated 07.02.2015 passed by the learned District Judge, Sitapur, whereby the appeal filed by one Shri Satish Kumar and Ram Pyari challenging the order dated 28.07.2012, passed by the learned trial court has been ordered to be converted into a revision petition.

3. Shorn of unnecessary details, facts of the case are that a suit was filed by one Shri Satish Kumar for cancellation of sale-deed allegedly executed by Smt. Shanti Devi in favour of Smt.Madhu on 16.06.2008. Smt. Madhu is defendant no.2 in the suit. Smt.Madhu-petitioner moved an application before the learned trial court for getting D.N.A. Test conducted to ascertain as to whether Shri Satish Kumar is the son of Smt. Shanti Devi. The said application was allowed. The revision petition preferred against the said order allowing the application for D.N.A. Test was dismissed. Thereafter a writ petition was preferred before this Court which was dismissed as having become infructuous by this Court by means of an order dated 12.09.2012 passed in Wr













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