IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 OP(C).No. 1187 of 2011(O) ----------------------------------- OS.7/2008 of SUB COURT, MANJERI .................... PETITIONER (S): ------------------------ 1. OTTAKATH ENTHEENKUTTY MUSALIYAR'S SON EBRAHIM. 2. KALATHINGAL BEEVI, W/O.OTTAKATH ENTHEENKUTTY MUSALIYAR, BOTH ARE RESIDING AT PANTHALLOOR AMSOM, DESOM, ERNAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): ------------------------ 1. OTTAKATH ABU, S/O.ENTHEENKUTTY MUSALIYAR. 2. OTTAKATH PATHUMMA, D/O.ENTHENKUTTY MUSALIYAR. 3. OTTAKATH ALI, S/O.ENTHEENKUTTY MUSALIYAR. 4. OTTAKATH ABDURAHIMAN, S/O. ENTHEENKUTTY MUSALIYAR. 5. OTTAKATH RUKHYA, D/O. ENTHEENKUTTY MUSALIYAR. 6. OTTAKATH SAINABA, D/O.ENTHEENKUTTY MUSALIYAR. 7. OTTAKATH UMMUKULSU, D/O. ENTHEENKUTTY MUSALIYAR. 8. OTTAKATH KHSDEEJA, D/O. ENTHEENKUTTY MUSALIYAR. 9. KADIYUMMA, W/O.ENTHEENKUTTY MUSALIYAR. 10. MUHAMMED , S/O.KALAKAPARA AHAMMED, tss OP(C) NO.1187/2011. 11. UMMER, S/O.OTTAKATH MUHAMMED. 12. IBRAHIM, S/O.KAPPILKUZHI KUNHALAVI. 13. RAMLATH, S/O.PAPPPADAN MUHAMMED. 14. MOIDEEN S/O.POOTHANGODAN AHAMMED. 15. MANCHAVULLI MUTHAREES ALAVI MUSALIYAR. (ALL ARE RESIDING AT PANTHALLOOR AMSOM, DESOM, ERNAD TALUK, PANTHALLOOR P.O., MALAPPURAM DISTRICT 676 521.) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P. BHAVADASAN, J. ........................................... O.P(C).NO.1187 OF 2011 ............................................. Dated this the 23rd day of March, 2011. JUDGMENT In this petition filed under Article 227 of the Constitution of India, petitioners seek to assail Ext.P5 order dated 8.3.2011 whereby the prayer of the petitioners to conduct DNA test on 1st plaintiff and defendants 1 to 8 to prove that the the 1st plaintiff and defendants 1 to 8 are the children of late Entheenkutty Musaliyar was declined by the court below. 2. Petitioners are the plaintiffs in O.S.No.7/2008 before the Sub Court, Manjeri. The suit is one for partition. The parties went for trial. After the trial, the case was posted for hearing. I.A.No.657/2011 was filed seeking to have DNA test on the 1st plaintiff and defendants 1 to 8. The lower court found that there is no justification in the prayer made by the petitioners apart from the fact that it was highly belated. The court has raised issue regarding existence of marriage and not regarding paternity and so court below observed that the petitioners can adduce oral and O.P(C).NO.1187 OF 2011 : 2 : documentary evidence to prove the marriage. Therefore there is no necessity to allow the prayer made by the petitioners. 3. This Court does not find any irregularity or illegality in the order passed by the court below as the issue involved is not one regarding paternity. As rightly noticed by the court below, the petitioners can prove the issue regarding marriage by producing acceptable oral or documentary evidence. The court below has exercised its jurisdiction in a proper manner and there is no error in the order passed by the court below. Accordingly, there is no merit in this original petition and it is dismissed. Sd/= P. BHAVADASAN, JUDGE. cl /true copy/ P.A. to Judge.