RENUKA Vs. TAMMANNA

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for a writ in the nature of certiorarir to quash the order dated 02. 12. 2005 in o. S. No. 129/2003 passed by the Civil Judge (Senior Division), ranebennur allowing I. A. No. 14 filed Under Order 26 Rule 10 (a)CPC appointing Dr. Syed Husain, Director, Center for DNA (Finger Printing diagnosis), ECIL Road, Nacharama, Hyderabad-500 076 as expert commissioner to conduct the DNA test by obtaining blood samples of plaintiff, defendant No. 4 and his wife Smt. Geetareddy.

(2.) PETITIONER is the plaintiff. Respondent are the defendants before the Trial Court in O. S. No. 129/2003. The parties in this Writ Petition are referred to their status before the Trial Court.

(3.) PLAINTIFF filed O. S. No. 129/2003 against the defendant to declare that she is the daughter of late Sri. Ramakrishna and his wife smt. Lalitha and for other reliefs. The defendants filed written statement denying the claim of plaintiff and contended that plaintiff is the daughter of one Sri. Narayana and his wife Smt. Geeta Reddy. After completion of pleadings the Trial Court framed the issues and when the matter was set down for evidence, the first defendant filed i. A. No. 14 Under Order 26 Rule 10 (a) CPC for appointment of Court commissioner for scientific investigation. The Trial Court after hearing both the parties, passed the impugned order allowing I. A. No. 14 and appointed a Court Commissioner for scientific investigation to obtain blood samples of plaintiff, defendant No. 4 and his wife Smt. Geetha reddy and to conduct DNA test. Hence this writ petition.