1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4661 OF 2009 Vithoba Tukaram Malode and others Petitioners versus Smt.Koushalyabai Karbhari Datir and others Respondents Prashant D. Patil for petitioners. CORAM : A.S.OKA, J. DATE : 21st July 2009 PC :- 1. Heard learned counsel appearing for the petitioners. The petitioners are the original defendant nos.1 to 3. The challenge in this writ petition under Article 227 of the Constitution of India is to the following order:- "ORDER 1. Application at exhibit 45 is allowed. 2. Plaintiff no.2 Sau.Zunakabai Abaji Mohate and plaintiff no.5A Chandrabhan Abaji Niphade are at liberty to undergo DNA test by approaching the concerned laboratory. 3. No order as to cost." 2. On plain reading of the above order it appears that the Trial Court has not issued any direction. Only a liberty has been granted to plaintiff nos.2 and 5A to undergo DNA test by approaching the concerned laboratory. Even if the said plaintiffs undergo the DNA test, it is for them 2 to prove their case. They will have to also prove the report, if any, of the DNA test. 3. Considering the nature of the order, no interference is called for in this writ petition. Subject to what is observed above, the writ petition is rejected. (A.S.OKA, J.)