IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.50660 OF 2019 (GM-CPC) BETWEEN:
A.C.SHIVAKUMAR, S/O A.H.CHANNAVEERAPPA GOWDA, AGED ABOUT 62 YEARS, R/O ALAGERI MANDIR VILLAGE, HARIDRAVATI HOBLI, HOSANAGARA TALUK-577 412 SHIVAMOGGA DISTRICT.
(BY SRI. PRUTHVI WODEYAR, ADVOCATE) AND:
1 . BHARATDWAJ, S/O A.C.SHIVAKUMAR, AGED ABOUT 36 YEARS, R/O NO.2061, IST FLOOR, KUSHAL NILAYA, CHALUVAIAH ROAD, RAMAMURTHY NAGARA, BENGALURU-16.
2 . DEEPA, D/O A.C.SHIVAKUMAR, AGED ABOUT 33 YEARS, 3 . LANKESH, S/O A.C.SHIVAKUMAR, AGED ABOUT 31 YEARS, 4 . A.C.HALESH, S/O A.H.CHANNAVEERAPPA GOWDA, AGED ABOUT 59 YEARS OCC:- AGRICULTURIST RESPONDENTS NO.2 TO 4 ARE ..PETITIONER R/AT ALAGERIMANDRI VILLAGE, HARIDRAVATHI POST, HOSANAGRA TLAUK-577 412.
5 . SHYLAJA, W/O JAYASHEELAGOWDA, AGED ABOUT 57 YEARS, R/A NO.U-69, 7TH MAIN, 14TH CROSS, HOSALLI MAIN ROAD J.E.S., BENGALURU-26.
6 . SMT. LEKAMMA, W/O CHENNAVEERAPPAGOWDA, ALAGERIMANDRI VILLAGE, HARIDRAVATHI POST, HOSANAGARA TALUK – 5 412.
... RESPONDENTS (BY SRI. K.N.HEMACHANDRA, ADVOCATE FOR C/R-1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 14.10.2019 ON I.A.NO.11 IN O.S.NO.105/2014 PASSED BY THE COURT OF PRINCIPAL CIVIL JUDGE AND JMFC, HSANAGARA, VIDE ANNEXURE-F; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the first defendant in a partition suit in O.S.No.105/2014, is invoking the writ jurisdiction of this Court for assailing the order dated 14.10.2019, a copy whereof is at Annexure-F, whereby the respondent-plaintiffs’ application in I.A.No.XI filed under Order XXVI Rule 10 (A) of CPC, 1908, having been favoured, the learned Principal Civil Judge, Hosanagara ,has directed DNA test of defendant No.1.
2. Having heard the learned counsel for the petitioner and having perused the petition papers, this Court is of the considered opinion that the subject matter of this writ petition is substantially covered by a decision of a CO- ordinate Bench of this Court in the case of P.S.SHIVAKUMAR V/S P.H.SUBBARAYAPPA AND OTHER, 2017(5) KAR.L.J. 389.
In the above circumstances the writ petition being devoid of merits, is rejected in limine.
However, all other contentions of the parties are kept open.
Sd/- JUDGE DS