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2026 Supreme(Online)(Ker) 167

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
POTTY – Appellant
Versus
SHAJI – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.KRISHNANUNNI (SR.), SHRI.C.DILIP, SHRI.R.PRADEEP, SMT.ANUSHKA VIJAYAKUMAR
For the Respondents: SHRI.M.K.GOPIMOHANAN

O R D E R

The review petition is filed to review the judgment passed in the above-captioned original petition. The review petitioner was the 1st respondent in the original petition, which was filed by the 1st respondent herein assailing the order passed in I.A.No.4 of 2021 in O.S.No.387 of 2019 by the Court of the Munsiff, Perumbavoor (in short, 'Trial Court'), declining to refer the parties to the suit to undergo a Deoxyribonucleic Acid (DNA) Test. The 2nd respondent in the review petition, the mother of the 1st respondent, was the 2nd respondent in the original petition. For convenience, the parties are referred to by their status in the review petition.

2. The 1st respondent has filed the suit to declare that he is the son of the petitioner and the 2nd respondent.

However, the petitioner has denied the said allegation. On the contrary, the 2nd respondent has admitted the assertion in the plaint. In view of the petitioner’s denial of the relationship and the paternity of the 1st respondent, the latter filed an application to refer the parties to the suit to a DNA Test for the proper determination of the suit. However, the Trial Court dismissed the application. Challenging the said

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