IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 34830 OF 2025 (GM-CPC)

BETWEEN:

SRI. SUBBANAIKA @ SUBBANNA AGED ABOUT 72 YEARS S/O LATE DEVANAIKA R/A DODDA BEEDHI, KALALE VILLAGE, KASABA HOBLI, NANJANGUD TALUK, MYSURU DISTRICT - 571 118 …PETITIONER (BY SRI. RUPESH KUMAR S., ADVOCATE)

AND:

1. SRI K N MAHESH AGE ABOUT 48 YEARS S/O LATE NANJAPPA @ NANJANAIKA Digitally signed by R/A DODDA BEEDHI, MADHURI S KALALE VILLAGE Location:

KASABA HOBLI, High Court of Karnataka NANJANGUD TALUK MYSURU DISTRICT - 571 118

2. SMT RATHNAMMA W/O CHIKKAHONNANAIKA D/O LATE ANKANAIKA @ ANKANNA AGED ABOUT 40 YEARS

3. SRI ANKANNA S/O LATE ANKANAIKA @ ANKANNA AGED ABOUT 38 YEARS RESPONDENT NO.2 AND RESPONDENT NO.3 ARE R/AT SINDHUVALLI VILLAGE KASABA HOBLI, NANJANGUD TALUK, MYSURU DISTRICT - 571 118.

4. SMT KUMARI D/O LATE ANKANAIKA @ ANKANNA AGED ABOUT 39 YEARS

5. SRI MANJU S/O LATE ANKANAIKA @ ANKANNA AGED ABOUT 37 YEARS RESPONDENT NO.4 AND RESPONDENT NO.5 ARE R/AT DODDA BEEDHI KALALE VILAGE, KASABA HOBLI, NANJANGUD TALUK MYSURU DISTRICT-571118

6. SRI DODDACHIKKANAIKA S/O LATE SUBBANAIKA AGED ABOUT 60 YEARS

7. SRI SRI SUBBANAIKA S/O LATE SUBBANAIKA AGED ABOUT 58 YEARS RESPONDENT NO.6 AND RESPONDENT NO.7 ARE R/AT DODDA BEEDHI KALALE VILAGE, KASABA HOBLI, NANJANGUD TALUK, MYSURU DISTRICT-571118

8. SMT ANKAMMA W/O MADANAIKA D/O LATE DEVANAIKA AGED ABOUT 74 YEARS R/A SINDHUVALLIL VILLAGE, KASABA HOBLI, NANJANGAUD TALUK MYSURU DISTRICT 571118

9. SMT CHIKKADEVAMMA D/O LATE DEVANAIKA W/O MAHADEVANAIKA AGE ABOUT 64 YEARS R/AT NAYAKARA BEEDHI HEGGOTARE VILLAGE CHAMARAJANAGARA TALUK CHAMARAJANAGARA DISTRICT-571313 …RESPONDENTS ***

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 28.07.2025 PASSED ON I.A.NO.VI FILED BY THE FIRST RESPONDENT UNDER ORDER XXVI RULES 10 AND 10-A OF CPC R/W ORDER XXXIX RULES 1 AND 2 OF CPC R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE IN R.A.NO.6/2022 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC AT NANJANAGUD, PRODUCED AT ANNX-A, ETC.

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

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

This petition by the respondents in R.A.No.6/2022 is directed against the impugned order dated 28.07.2025 passed on I.A.No.6 by the Senior Civil Judge and JMFC, Nanjangud (for short “the First Appellate Court”), whereby the said application filed by the appellant (respondent No.1 herein) under Order XXVI Rule 10 and 10-A CPC for a direction to the parties to appear before the Court Commissioner for the purpose of conducting DNA profiling test was allowed by the First Appellate Court.

2. Heard learned counsel for the petitioner and perused the material on record.

3. A perusal of the material on record will indicate that respondent No.1 herein instituted a suit in O.S.No.124/2011 against the petitioner-defendant No.3 and other defendants for partition and separate possession of his alleged share in the suit schedule immovable properties and for other reliefs. In the said suit, plaintiff contended that he was the son of one Late Nanjappa @ Nanjanaika and Mallamma and that the said Nanjappa was one of the children of Devanaika and Madamma. It is contended that the petitioner-defendant No.3 in the suit was the son of the aforesaid Devanaika, whose wife was defendant No.1 and the remaining defendants were their family members. The plaintiff contended that he constituted a Hindu undivided family along with the defendants and the suit schedule properties were joint family properties and since the defendants did not comply with the requests of the plaintiff to effect partition and division of the suit schedule properties, the plaintiff filed the instant suit.

4. The petitioner and other defendants filed their written statement inter alia disputing and denying the allegations and claim made by the plaintiff a