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2025 DAILYLAW 30724 (RAJ)

DINESH KUMAR SON OF LATE CHANDRASHEKHAR SHARMA v. SMT. POONAM SHARMA D/O LATE CHANDRASHEKHAR SHARMA

CW/15873/2024 · 2025-07-18

Vinod Kumar Bharwani

body2025

Judgment text

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[2025:RJ-JP:26982] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15873/2024 Dinesh Kumar Son Of Late Chandrashekhar Sharma, Resident Of House No. 211, Ward No. 26, Shanti Nagar Sikar Tehsil And Distt. Sikar (Raj.) ----Petitioner Versus Smt. Poonam Sharma D/o Late Chandrashekhar Sharma, Resident Of House No. 211, Ward No. 26 Old, New 45, Shanti Nagar Sikar Tehsil And Distt. Sikar At Present Resident Of Ward No. 13, Pareeko Ka Bass Ladnun, Tehsil Ladnun, Distt. Nagaur (Raj.) ----Respondent For Petitioner(s) : Mr. Daulat Sharma For Respondent(s) : Ms. Pragya Pandey Mr. Nirmal Solanki HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 18/07/2025 The present petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dated 20.08.2024 passed by learned Additional District & Sessions Judge No.2, Sikar, whereby the application filed the petitioner seeking D.N.A. Test of the respondent, was dismissed. Learned counsel for the petitioner contends that the respondent, namely Poonam Sharma, is not a real sister of the petitioner & therefore, he had filed an application before the learned Trial Court seeking DNA Test of the respondent. The learned Trial Court rejected the said application giving the reasoning that there is no provision for DNA Test in civil matters. [2025:RJ-JP:26982] (2 of 2) [CW-15873/2024] Therefore, the impugned order dated 20.08.2024 may be quashed & set aside. Learned counsel for the respondent opposed the said contentions and submited documentary evidence, which is taken on record. As per the documents available on record, an application for a Succession Certificate under Section 372 of the Indian Succession Act, 1925, was filed by Vimla Devi, Dinesh Kumar, and Poonam Sharma. The said application was duly adjudicated by the learned District Judge, Sikar (Rajasthan), vide order dated 03.01.2018. Furthermore, the petitioner has filed an affidavit admitting that the respondent is a daughter of Late Chandrashekhar Sharma. Heard learned counsel for the petitioner and perused the order of learned Trial Court dated 20.08.2024. The Learned Trial Court, after considering all the facts, has passed a reasoned order, which is just & proper. No illegality, infirmity or error has been committed by the learned Trial Court in the aforesaid order. Hence, there is no scope for interference in the aforesaid order under the limited writ jurisdiction under Article 227 of the Constitution of India. Consequently, the present writ petition is dismissed. Pending application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAURABH /140