Radheshyam VS Kamla Devi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

RAJEEV KUMAR SHRIVASTAVA
Radheshyam – Appellant
Versus
Kamla Devi – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner: Shri H.K. Shukla, learned counsel
For the Respondent No.1: Shri S.K. Shrivastava, learned counsel
For the Respondent:Shri R.P. Singh, learned Government Advocate

ORDER

Rajeev Kumar Shrivastava, J.—This petition is preferred under Article 227 of the Constitution of India against the order dated 9.1.2020 (Annexure P/1) passed by First Civil Judge Class-2, Ambah, District Morena in Case No. 90A/2017 RCS, whereby the application filed by the respondent No.1 under Section 151 CPC for carrying out DNA test of defendant Kamla Devi and petitioner/plaintiff has been allowed.

2. The facts of the case in nutshell are that a suit for title declaration and permanent injunction has been filed by the petitioner/plaintiff against the respondents/ defendants in respect of agricultural land situated in village Barbai Tehsil Porsa, District Morena. The land bearing survey No. 869/2062 is under absolute ownership and possession of the petitioner. The petitioner’s family tree has been given in para 2 of the plaint. The respondent No.1 is not the family member of plaintiff, therefore, no share can be given to respondent Kamla Devi. Some Bhu-mafia persons of the village filed an appeal before the Sub-Divisional Officer, Ambah showing respondent No.1-Kamla Devi to be daughter of Betal Singh while Betal Singh has no legal heirs and in fact Kamla Devi is daughter of

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