- 1 - HC-KAR NC: 2026:KHC:6400 WP No. 13789 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 13789 OF 2020 (GM-CPC) BETWEEN: SRI. C.MAHADEVA SHETTY S/O LATE CHIKKAMADA SHETTY, AGED ABOUT 57 YEARS, R/AT NARASAMANGALA VILLAGE, HARADANAHALLI HOBLI, CHAMARAJANAGARA TALUK AND DISTRICT. …PETITIONER (BY SRI. CHINMAY KURANWAD., ADVOCATE FOR SRI. NAGARAJ.R.C., ADVOCATE) AND: 1. SRI. C.NAGASHETTY S/O LATE CHIKKAMADA SHETTY, AGED ABOUT 65 YEARS, R/AT NARASAMANGALA VILLAGE, HARADANAHALLI HOBLI, CHAMARAJANAGARA TALUK AND DIST. 2. SMT. CHIKKAMADAMMA W/O DODDAMADASHETTY, AGED ABOUT 68 YEARS, R/AT NARASAMANGALA VILLAGE, HARADANAHALLI HOBLI, CHAMARAJANAGARA TALUK AND DIST. 3. SRI .ANANDA KUMAR S/O C.NAGASHETTY, - 2 - HC-KAR NC: 2026:KHC:6400 WP No. 13789 of 2020 AGED ABOUT 43 YEARS, R/AT NARASAMANGALA VILLAGE, HARADANAHALLI HOBLI, CHAMARAJANAGARA TALUK AND DIST. 4. SMT. GOWRAMMA D/O C.NAGASHETTY, AGED ABOUT 35 YEARS, R/AT MAHADESHWARA COLONY, HARADANA HOBLI, CHAMARAJANAGAR TALUK AND DIST-571 313. 5. SMT. RAJAMMA D/O C.NAGASHETTY, AGE MAJOR, R/AT KULLIPURA VILLAGE, HULLSHALLI HOBLI, CHAMARAJANAGAR TALUK AND DIST-571 313. …RESPONDENTS (BY SRI. D.C.DEEPAK., ADVOCATE FOR R1 TO R4; SMT. MANJULA.P.V., ADVOCATE FOR R5) THIS W.P. FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD.15.10.2020 PASSED BY THE TRAIL COURT ON IA NO.11 IN O.S.NO.105/2017 PENDING BEFORE THE SENIOR CIVIL JUDGE (SR.DN) CHAMARAJANAGAR MARKED AS ANNEXURE-G TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2026:KHC:6400 WP No. 13789 of 2020 ORAL ORDER 1. This Court on 30.01.2026 had passed the following order: "1. The challenge in the present petition is to an order dated 15.10.2020, on I.A.No.XI in O.S.No.105/2017, passed by the learned Senior Civil Judge & CJM, Chamarajanagar (hereinafter referred to as the “Trial Court”), wherein the learned Trial Court has directed the petitioner/plaintiff and the first respondent/ first defendant to subject themselves for a “sibling DNA Test” at the Government District Hospital, Chamarajanagar. 2. The learned counsel for the petitioner/plaintiff submits that the plaintiff has produced documents, in support of his contention that he is the natural born son of the said Chikkamadashetty. 3. The learned counsel for the respondents, on the other hand, refutes these contentions. He submits that the date of death of the father is ‘09.09.1953’ and that the document that has been produced by the petitioner is a School admission extract, which shows his date of birth as ‘01.06.1961’. The learned counsel for the respondents thus submits that since there is a gap of eight years between the date of death of the father and the date of birth as set out by the petitioner, the petitioner could not be the natural born son of late Chikkamadashetty. 4. The learned counsel for the petitioner/plaintiff requests for some time to place on record the judgment that he seeks to rely on along with the documents filed before the Trial Court. 5. Let the needful be done within three days. 6. List this matter on 03.02.2026.” - 4 - HC-KAR NC: 2026:KHC:6400 WP No. 13789 of 2020 2. Today, learned counsel for the petitioner submits that he has not filed any documents before the learned Trial Court but has adduced other evidence in support of his case. Thus no documents have been filed by him before this Court either. 3. After some arguments, learned counsel for the petitioner submits that he would be satisfied if an observation is made by this Court that the finding given by the learned Trial Court on the paternity of the petitioner in the Impugned Order shall not be construed as final. 4. Learned counsel for the respondents submits that in any event the evidence of the parties is over and only the suit is at the stage of final arguments. Thus he does not have any objections to such an observation. 5. Accordingly this petition is disposed of with a direction that the findings on the paternity of the petitioner as is set out in the Impugned Order shall not be taken as conclusive. The learned Trial Court shall examine - 5 - HC-KAR NC: 2026:KHC:6400 WP No. 13789 of 2020 the evidence and pass a final judgment in accordance with law. It is clarified that this order is being passed without prejudice to the rights and contentions of both parties. 6. All pending applications stand closed. (TARA VITASTA GANJU) JUDGE YN List No.: 2 Sl No.: 7 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA