(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 900 OF 2011 Vasant s/o. Kisan Pokale, Aged : 30 years, Occupation : Agriculture, .. Petitioner R/o. Pothra, (Original defendant Taluka & District : Beed. No.3) versus Indubai w/o. Sumant Pokale, .. Respondents Aged : 28 years, (Nos.1 & 2 - Occupation : Household, Original plaintiffs R/o. Pothra, & Taluka & District : Beed, Nos.3 to 7 - and 6 others. Original defendant Nos.1, 2, 4, 5 & 6) ....................... Mr. S.S. Choudhari, Advocate, for the petitioner. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 8TH FEBRUARY 2011 COURT'S ORDER : 1. Heard Mr. S.S. Choudhari, learned Counsel appearing (2) for the petitioner. 2. In a suit for partition instituted by respondent nos.1 and 2, the petitioner / defendant filed written statement to contend that respondent no.2 is not born to respondent no.1 from the deceased Sumant but from one Babasaheb s/o. Shivaji Taware. Application for obtaining DNA test report was made and the trial court has rejected it by a reasoned order. 3. Mr. S.S. Choudhari, learned Counsel appearing for the petitioner, states that in the present circumstances, holding of DNA test is essential as it will bring clinching material on record. 4. The precedent on the point is looked into by the trial court and thereafter decision has been given. There is no jurisdictional error or perversity. I am not inclined to interfere in the matter at this stage. 5. In the result, the petition is dismissed. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp900