1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3376 OF 2008 Shri Rajaram Malhari Shinde ..... Petitioner. V/s Manohar Rajaram Shinde & Ors. ...... Respondents. ------ Mr. Milind Deshmukh for the petitioner. None for the respondents. ------- CORAM: V.M. KANADE, J. DATE : 27th June, 2008 P.C. 1. Heard the learned Counsel appearing for the Petitioner. 2. The petitioner is challenging the order passed by the Joint Civil Judge, Junior Division, Malshiras who has dismissed the application of the Petitioner by his order dated 20/02/2008. The Petitioner filed the said application in the trial court, stating therein that it was necessary to conduct DNA test of the plaintiff and defendant No.1 through the Medical Officer of Rural Hospital. It was stated that if DNA test was conducted, no prejudice would be caused to the plaintiff and on the basis of DNA test, the suit which was filed for partition by the plaintiff could be decided. The trial court, relying on the judgment of the Apex Court in the case of Gautam Kundu Vs. State of 2 West Bengal reported in AIR 1993 SC 22950, held that such a test cannot be conducted without the consent of the party. The trial court has relied upon the ratio of the said judgment and also upon the ratio of the judgment of the Karnataka High Court in the case of Miss Renuka Vs. Tammanna reported in AIR 2007 Karnataka 133. 3. In my view, there is no infirmity in the order passed by the trial court. Hence, no case is made out by the Petitioner to interfere with the impugned order under Article 227 of the Constitution of India. Petition is accordingly rejected. (V.M. KANADE, J.)