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Documents citing Sri. Hanumappa vs Yallakka on 3 September, 2014

Smt. Sangamma W/O Rajashekhar ... vs Rajashekhar S/O Ayyappa Tallikeri on 21 April, 2020

The third judgment cited by the petitioner reported in Hanumappa's case also relates to a lis arising out of a suit for partition and separate possession. This Hon'ble Court relying on several judgments of Hon'ble Apex Court concluded by holding that parties to civil suit cannot be subjected to DNA analysis as a matter of course. This Court in the above said judgment also held that in the event of Court directing the parties to have recourse to DNA test and if such a party refuses to submit himself for examination, the Court has a liberty to draw adverse inference against the party who is directed to undergo DNA test.
Karnataka High Court Cites 16 - Cited by 0 - Full Document

Smt. Baby, 45 Years vs Smt. Mangalamma, 61 Years on 26 July, 2018

5. The suit is for partition. The plaintiff-first respondent herein claims that the first defendant- petitioner herein is her daughter born through her and one Krishnappa. The defendants have denied the same. The application filed by the first defendant-petitioner for DNA test is rightly rejected by the trial Court holding that both parties have already let in evidence and the evidence lead by the parties is sufficient for deciding the subject-matter of the suit. The plaintiffs and defendants have produced documents before the Court which the trial Court has noted in its order. The DNA -5- test, as held by this Court in the case of Hanumappa .vs. Yalakka and others reported in 2014(5) KCCR 1317, has to be ordered only in exceptional circumstances and shall not be ordered in routine manner. Therefore, taking note of the same, the trial Court has passed the impugned order, which does not require interference by this Court. The trial Court has not committed any error or illegality in rejecting I.A.No.9 filed under Order XXVI Rule 10A by the petitioner.
Karnataka High Court Cites 4 - Cited by 0 - S G Pandit - Full Document
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