IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 11836 OF 2019 (GM-CPC)

BETWEEN:

1. SMT. H.S. MANJULA W/O SRI B.R. SATHISH AGED ABOUT 40 YEARS.

2. SRI H.S. ASHOK KUMAR S/O SRI SHIVALINGAPPA AGED ABOUT 35 YEARS.

3. SRI H.S. MANJUNATH S/O SRI SHIVALINGAPPA AGED ABOUT 34 YEARS. ALL ARE RESIDENTS OF RESIDENT OF MUTHINAMMA TEMPLE HIREMAGALUR, CHIKKAMAALURU - 577 102.

…PETITIONERS (BY SRI SHANKARANARAYANA BHAT N, ADVOCATE)

Digitally AND:

signed by NANDINI M S Location: 1. SRI H.S. LOKESH HIGH COUR T S/O LATE SIDDAIAH OF KARNATAKA AGED ABOUT 61 YEARS RESIDING OF LAKSHMIPURA ROAD HIREMAGALUR CHIKKAMAGALURU PIN - 577 102.

SMT. BHADRAMMA SINCE DEAD BY LRS

2. SRI UMESH S/O LATE KALAIAH AGED ABOUT 46 YEARS.

3. SMT. ANASUYA W/O LOKESH AGED ABOUT 44 YEARS.

4. SRI RAJU S/O LATE KALAIAH AGED ABOUT 33 YEARS.

5. KUM. LATHA D/O LATE KALAIAH AGED ABOUT 33 YEARS.

6. KUM. SUDHA D/O LATE KALAIAH AGED ABOUT 32 YEARS.

7. KUM. SHOBHA D/O LATE KALAIAH AGED ABOUT 30 YEARS.

8. KUM. ASHA D/O LATE KALAIAH AGED ABOUT 28 YEARS.

RESPONDENTS 2 TO 8 ARE RESIDENT OF LAKSHMIPURA ROAD HIREMAGALURU CHIKKAMAGALURU - 577 102.

9. SRI H.S. KAMALAMMA W/O K.C. DEVARAJ AED ABOUT 58 YEARS BEHIND AIT LADIES HOSTEL BYE PASS ROAD CHIKKAMAGALURU - 577 102.

…RESPONDENTS (BY SRI A V GANGADHARAPPA, ADVOCATE FOR R-1;

R-7 SERVED; V/O DTD 16.10.2025 SERVICE OF NOTICE TO R-2 TO R-6 & R-8 ARE H/S,ADVOCATE)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE COURT OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE, CHIKMAGALUR IN O.S.NO.22/2015 ON I.A.NO.11 DATED

18.02.2019-MARKED AS ANNEXURE-E.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Plaintiffs are before this Court in this writ petition filed under Article 227 of the Constitution of India, with a prayer to set-aside the order dated 18.02.2019 passed on I.A No.11 in O.S No. 22/2015 by the Court of 1^st Additional Senior Civil Judge, Chikmagalur.

2. Heard the learned counsel for the parties.

3. Petitioners herein have filed O.S No.22/2015 before the jurisdictional Civil Court at Chikmagalur seeking the relief of partition and separation possession of the suit schedule properties and also for mesne profits.

4. Contesting defendants have filed written statement opposing the suit claim. In the said proceedings, I.A No.11 was filed on behalf of the petitioners under Order XXVI Rule 10-A of CPC to send the blood samples of the plaintiffs and the defendants to the expert to determine the relationship of the parties by conducting DNA test. The said application was opposed by the contesting defendants by filing objection and the application was rejected by the Trial Court. Aggrieved by the same, the plaintiffs are before this Court.

5. Learned counsel for the petitioners submits that the petitioners are children of Smt. Janakamma who was married to Sri. Shivalingappa, parents of the petitioners are no more. The defendants are the sisters and brother of Janakamma, who have denied the relationship and have raised a contention that Janakamma had no issues. He submits that the Trial Court has erred in rejecting I.A No.11. In support of his arguments he has placed reliance on the judgment of the Hon'ble Supreme Court in the case of NARAYAN DUTT TIWARI -VS- ROHIT SHEKAR AND ANOTHER - (2012) 12 SCC 554.

6. Per-contra learned counsel for the respondent has argued in support of the order impugned.

7. According to the plaintiffs, they are the children of Janakamma who is the sister of defendant Nos. 1 to 3 in the suit. Plaintiffs claim that Janakamma had married Shivalingappa and they are born from the said wedlock, whereas the defendants have denied the same and in the written statement they have specifically stated that Janakamma was not married and she had died issueless.

8. The Co-ordinate Bench of this Court in the case of HAREESH @