CRP.No.1078 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 19.03.2025 CORAM THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P.No.1078 of 2025 and CMP.No.6144 of 2025 1.Chinnapappa 2.Sivakumar 3.Mylisamy ...Petitioners Vs. Vellikannu ...Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order in IA.No.2/2019 in OS.No.96/2016 on the file of the District Munsif Cum Judicial Magistrate Court, Pochampalli, Krishnagiri District, dated 23.07.2024. For Petitioner : M/s.K.Thiruvengadam 1/6 https://www.mhc.tn.gov.in/judis CRP.No.1078 of 2025 ORDER Challenging the order allowing an application seeking a paternity test, the petitioners, who are the defendants before the District Munsif Cum Judicial Magistrate Court, Pochampalli, are before this Court. 2. The respondent/plaintiff had filed a suit OS.No.96 of 2016 on the file of the afore-mentioned Court seeking the relief of declaration and injunction. 3. The respondent/plaintiff has specifically stated in the plaint that the defendants 2 and 3 who are the sons of the 1st defendant, were not born to him but were born to one Marimuthu. The respondent/plaintiff would admit that he had a relationship with the 1st defendant. However, he would deny that defendants 2 and 3 were conceived on account of this relationship. Since the defendants are interfering with his peaceful possession and enjoyment of the suit property and claiming a right over the property, the petitioner/plaintiff has come forward with the suit in question. 2/6 https://www.mhc.tn.gov.in/judis CRP.No.1078 of 2025 4. The petitioners/defendants had filed a written statement inter alia contending that the respondent/plaintiff is the father of petitioners/defendants 2 and 3 and that official records like voter Id, Family Card etc., would show the respondent/plaintiff as their father. 5. Pending the suit, the respondent/plaintiff had come forward with I.A.No.2 of 2019 to send the respondent/plaintiff and petitioners/defendants 2 and 3 for a DNA test. Despite the protest of the petitioners/defendants, the said application has been allowed by the learned District Munsif Cum Judicial Magistrate Court, Pochampalli in order to come to a correct conclusion as to whether petitioners/defendants 2 and 3 are the sons of the respondent/plaintiff. Challenging the same, the petitioners/ defendants are before this Court. 6. Heard the counsel for the petitioner and perused the records. 3/6 https://www.mhc.tn.gov.in/judis CRP.No.1078 of 2025 7. The respondent’s/plaintiff’s categoric case is that though he was in a relationship with the 1st defendant, the defendants 2 and 3 were not born to him but are the children of one Marimuthu. The petitioners/defendants had produced certified documents in which the respondent/plaintiff is shown as their father, despite which the respondent/plaintiff would insist that they are not his children and the scientific way to arrive at this conclusion is only to send the parties for a DNA test. The same would not prejudice to either party and that apart it would assist the Court in coming to a conclusion as to whether the plaintiff’s contention that defendants 2 and 3 are not the sons stands proved or otherwise. The defendants have not made out any serious objection for the same except for stating that in the family card and in other documents, the plaintiff has himself stated that he is their father. However, since the plaintiff is refuting the same strongly, it would be in the interest of both parties to have the DNA test done. Therefore, the District Munsif Cum Judicial Magistrate Court, Pochampalli, Krishnagiri District, has rightly allowed the application and I see no reason to interfere with the same. 4/6 https://www.mhc.tn.gov.in/judis CRP.No.1078 of 2025 8. Accordingly, the Civil Revision Petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. 19.03.2025 shr Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order To The District Munsif Cum Judicial Magistrate Court, Pochampalli, Krishnagiri District. P.T.ASHA, J., 5/6 https://www.mhc.tn.gov.in/judis CRP.No.1078 of 2025 shr C.R.P.No.1078 of 2025 and CMP.No.6144 of 2025 19.03.2025 6/6 https://www.mhc.tn.gov.in/judis