1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.61 OF 2010 Kalpesh Rajendrasingh Parmar & anr. ..Petitioners V/s. Rajendrasingh alias Rajubhai Bharatsingh ..Respondents Parmar & ors Mr.Vinod Jadhav, Advocate, for the Petitioner Mr.R.S.Desai i/b.Ms.Prema Badadare, Advocate, for the Respondent Nos.1, 3, 4 & 5 CORAM : A.S.OKA, J. DATE : 22ND APRIL, 2010 P.C. . Heard the learned Counsel for the parties. 2. Notice for final disposal was issued on 17th February, 2010. The Order impugned in this Writ Petition under Article 227 of the Constitution of India is dated 7th November, 2009 passed by the learned Trial Judge below application at Exhibit 85 filed by the Petitioners. The prayer in the said application made by the Petitioners was that the 1st Respondent (1st 2 Defendant) and the Petitioners may be subjected to DNA tests. 3. It is brought to the notice of this Court that evidence of the Petitioners/plaintiffs has been already recorded in the suit. Evidence of the Respondents/Defendants has not been recorded. Therefore, a suggestion was made by this Court that the application at Exhibit 85 should be considered on merits only after recording of the evidence of both the sides is completed. The said suggestion is acceptable to both the parties. 4. Hence, Petition is disposed of by passing the following order. (i) The impugned Order dated 7th November, 2009 is quashed and set aside only on the ground that the application at Exhibit 85 is required to be heard after both the parties adduce their evidence. (ii) The application at Exhibit 85 is restored to the file of the trial Court. The application shall be taken up for hearing afresh after recording of evidence of both the sides is over. (iii) The all contentions of the Petitioners on the said application and all the objections raised by the Respondents are expressly kept open. 3 (iv) Writ Petition is disposed of on the above terms with no orders as to costs. (A.S.OKA, J.)