- 1 - HC-KAR NC: 2025:KHC:21169 WP No. 13763 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 13763 OF 2020 (GM-CPC) BETWEEN: SRI. H.N. KRISHNA SHETTY S/O. NINGA SHETTY AGED ABOUT 65 YEARS, RETIRED TEACHER, R/AT ALDUR HOSAHALLI ALDUR POST, CHIKKAMAGALUR TALUK AND DIS-577101 …PETITIONER (BY SRI. GIRISH B BALADARE, ADVOCATE) AND: 1. KUM. PANCHAMI D/O. KRISHNA SHETTY AGED ABOUT 27 YEARS, R/O. BYRAVESHWARA NILAYA, ANCHELINGANNA STREET, GOPALKRISHNA TEMPLE ROAD, BASAVANAHALLI, CHIKKAMAGALUR -577101 2. SMT. RUDRAMMA W/O. LATE KENCHAPPA SHETTY AGED ABOUT 65 YEARS 3. SMT. VANAJAKSHI @ HOVAMMA W/O. LATE RAMESH AGED ABOUT 65 YEARS 4. SRI. SHEKARA S/O. RAMESHA AGED ABOUT 35 YEARS Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21169 WP No. 13763 of 2020 5. SRI. DHARANESHA S/O. RAMESHA AGED ABOUT 32 YEARS 6. SRI. SANTHOSHA S/O. RAMESHA AGED ABOUT 32 YEARS RESPONDENT NOS.2 TO 6 ARE R/AT ALDUR HOSAHALLI, ALDUR POST, CHIKKAMAGALUR TALUK AND DIST-577101 7. SMT. TARA W/O. HARSHA AGED ABOUT 42 YEARS R/AT WEAVERS COLONY MARUTHINAGAR NELAMANGALA BANGALORE RURAL DIST-560066 8. SMT. PUSHPA W/O. BASAVARAJU AGED ABOUT 50 YEARS DODAGUNTE, DHANOJIOPALYA NELAMANGALA TALUK, BANGALORE RURAL-560066 9. SRI. HARISHA S/O. RUDRA SHETTY AGED ABOUT 50 YEARS R/AT WEAVERS COLONY MARUTHINAGARA, NELMANGALA, BANGALORE RURAL-560066 10. SMT. UMADEVI W/O. SHASHIKUMAR AGED ABOUT 40 YEARS R/O. AT CHANDRAPPA LAYOUT RAJARAHALLI VILLAGE NELMANGALA, BANGALORE RURAL -560066 - 3 - HC-KAR NC: 2025:KHC:21169 WP No. 13763 of 2020 11. SMT. POORNIMA @ ANNAPOORNA W/O. SRI. CHANDRASHEKAR AGED ABOUT YEARS C/O SHANTAHAKKA 2ND CROSS, BHAJANEMANE ROAD, NEAR CHOWDESHWARI TEMPLE WEAVERS COLONY, NELMANGALA, BANGALORE RURAL-560066 …RESPONDENTS (BY SRI. D.C.JAGADEESH, ADVOCATE FOR RESPONDENT NO.1; SRI. VIJAY KUMAR T., ADVOCATE FOR RESPONDENT NO.10; NOTICE SERVED ON RESPONDENT NOS.2 TO 9 AND 11) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-E THAT THE ORDER DATED 06.02.2020 PASSED BY THE IST ADDITIONAL SENIOR CIVIL JUDGE AT CHIKKAMAGALURU IN O.S.NO.107/2017 ON IA NO.5 FILED UNDER ORDER 26 RULE 10(A) CONSEQUENTLY ALLOW THE APPLICATION NO.5 FILED UNDER ORDER 26 RULE 10(A) OF CPC BY THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed seeking for the following reliefs: "a) Issue writ of certiorari or any other appropriate writ, directions or order quashing the Annexure 'E' that the order dated 06-02-2020 passed by the Ist Additional Senior Civil Judge - 4 - HC-KAR NC: 2025:KHC:21169 WP No. 13763 of 2020 at Chikkamagalur in O.S.No.107/2017 on IA No.5 filed under order 26 Rule 10(A) consequently allow the application No.5 filed under order 26 Rule 10(A) of CPC by the petitioner, in the interest of justice and equity. b) Grant such others relief's as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity." 2. After arguing the matter for some time, the learned counsel for the petitioner submits that he may be permitted to withdraw this writ petition with liberty to file an application before the Trial Court after recording the evidence and if the need arises. 3. The writ petition is dismissed as withdrawn with liberty to file an application after recording the evidence, if need arises and only if Trial Court comes to a conclusion that such an exercise of conducting DNA test is necessary. However, liberty granted by this Court would not curtail the power of Trial - 5 - HC-KAR NC: 2025:KHC:21169 WP No. 13763 of 2020 Court to decide any such application that will be filed, on its merits in accordance with law. 4. In view of dismissal of main appeal, I.A.No.1/2023 does not survive for consideration and the same stands rejected. Sd/- (VIJAYKUMAR A. PATIL) JUDGE HJ List No.: 1 Sl No.: 40