Revanasiddappa & Anr vs Mallikarjun & Ors on 31 March, 2011
5. Mr. Rajesh Mahale, learned counsel for the respondents on the
other hand submits that the appellant has no such right to claim any
interest in the property and he relies upon the judgment of this
Court, particularly paragraphs 37 & 38, in the case of Revanasiddappa
& Anr. Vs. Mallikarjun & Ors., 2011 (11) SCC 1, which states that the
limitation on the allegedly illegitimate children is that they cannot
ask for partition of parents' property but they can exercise their
right only after the death of their parents. Mr. Raghupathy pointed
out that vide paragraph 47 of the very same judgment, the learned
Bench of two Judges has referred the matter to Hon'ble the Chief
Justice of India for consideration of the matter by a larger Bench. In
the circumstances, in our view, the appeal requires to be allowed. We
set aside the order passed by the High Court. The Trial Court will
proceed with the DNA test as sought by the appellant. This appeal is
allowed accordingly.