GugulothMangilal, v. Bhanoth Mangamma,

Court: High Court for State of Telangana

Bench: E.V. VENUGOPAL

Judgment date: 2025-12-04

Case summary

High Court for State of Telangana judgment dated 2025-12-04. GugulothMangilal, v. Bhanoth Mangamma,. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY THE FOURTH DAY OF DECEIVIBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL CIVIL REVISION PETITION NO: 2925 OF 2025 Petition under Article 227 of the Constitution of lndia, aggrieved by the Order dated 15-07-2025 passed in lA. No. 256 of 2O24 in OS. No. 37 of 2015 on the file of the Court of the Senior Civil Judge at [Vlahabubabad. Between 1. GugulothMangilal,, S/o. Sunder, Age. 43yrs, Occ. Agriculture, R/o. Penya thanda,H/o. Madhanturthy village, Nellikudur fillandal, l/lahabubabad District. 2. Guguloth Bicha,, S/o. Sunder, Age. 42yrs, Occ. Agriculture, R/o Penya thanda, H/o. Madhanturthy village, Nellikudur Mandal, Mahabubabad District. 3. Guguloth Ravinder,, S/o. Sunder, Age. 41 yrs, Occ. Agriculture, R/o. Penya thanda, H/o. Madhanturthy village, NelliXudur Mandal, fVlahabubabad District. 4. Guguloth Devender,, S/o. Sunder, Age. 39yrs Occ. Agriculture,R/o. Penyahanda, H/o.

Madhanturthy village, Nellikudur [/andal,Mahabubabad District. 5. Guguloth Upender,, S/o. Sunder, Age. 40yrs, Occ. Agriculture, Ariatubabad District. Jogeumi Penyahanda, H/o. [/ladhanturthy Village, Nellikudur Mandal, ... Petitioners/Respondents/Def. No. 2 TO 6 AND 1. Bhanoth fi/langamma,, Wo. Banoth Nanda, Age. 48years, Occ. Agriculture R/o. Domstsmkunts thanda, H/o. Madipally village of Thorrur Mandal, Mahabubabad District. 2. Guguloth Bikkoji, (Died) 3. Jatoth Nanki,, Wo. Bheemudu, Age. 40yrs, Occ. Agriculture, R/o Penta manda, H/o. Madhanturthy village, Nellikudur Mandal, Mahabubapad District. 4. Bhukya Poolamma,, Wo. Lakpathi, Age. 44yrs; Occ. Agriculture, R/9, Penya thanda, H/o. Madhanturthy village, Nellikudur Mandal, Mahabubabad District. 5. Guguloth Kamsalya,, W /o. Mangilal, Age. 42yrs, Occ. Agriculture, R. /q.. Pqnva thanda, H/o. Madhanturthy village, Nellikudur Mandal, Mahabubabad District. 6. Guguloth Kaila,, Wo. Bicha, Age. 4Oyrs, Occ. Agriculture, R/o. Penya thanda, H/o.

Madhanturthy village, Nellikudur Mandal, [t/ahabubabad District. 7. Gugu. loth_ Jamrrna,, Wo. Ravinder, Age. 38yrs, Occ. Agriculture, R/o. Penya thanda, l{/o. Madhanturthy village, Nellikudur Mandal, Itlahabubabad Districi. 8. Gugulottr [Vlangamma,, wo. Upender, Age. 38yrs, occ. Agriculture, R/o. penya thanda, l{/o. tMadhanturthy village, Nellikudur, Mandal, Mahabubabad Districi 9. Guguloth Bharathr,, wo. Devender, Age. 37yrs, occ. Agriculture, R/o. penya thanda, 1'l/o. tVladhanturthy village, Nellikudur [ilandal, tVbhabubabad Distric[. 10. Bhukya Neela,, wo. tvothilal, D/o. Bikkoji, Age. 36yrs, occ. Agriculture, R/o. Thurpu :handa, l-1/o. Agaram village. Danthalapally lVandal, tr/ahabubabad District. 11. Amgoth Saathi,, Wo. Amgoth Mani, Dio. Bikkeji, Age. 35yrs, R/o. penya thanda, H/o. Uggarripally viliage, chinna Gudur-Mandal,Mahabubabad District. l2. lslavath Padma,, Wo. tsiavash Jamla, D/o. Bikkojji, Age. 30yrs,occupation. Agriculture, thanda, H/o.

Madhanturthy villale of Neliikudur -R{o. Durgabhavani [\4andai c,f [Vlahabubabad District. 13. Jatoah llenuka,, W/o. Jyothi Balalji,D/o. Bikkoji, Age. 25yrs, Occupation. Agricultu"e, R/o. Amar singh Thanda, H/o. Haripirala village,Thorrur Mandal, Mahabutrabad District 14. Bhakys [\4ara,, Wo. Bhukya Suresh, D/o. Bikko ii, Age. 23yrs. Occ. Agriculture, R/o. Ama' singh Thanda, H/o. Haripiraila village,Thornur lrlandal, Mahabub,abad District. 15. Guguloth. Veeranna,, S/o. Bikkoji, Age. 28yrs, Occ. Agriculture, R/ o. Ding. abhavani Thanda, H/o Mardanturthy village, Nelikudur [Iandal, Mahabqbabad District. ( Respondents No. 2 To 15 are Not Necessary Parties to this CRp ) .. Respondents/Respondents/Def. No. 7 TO 1 g rA NO. 1 OF 2015 Petition ttnder Section 151 CPC praying that in the circumstances stated in the affidavit i'iled in support of the petition, the High Court may be pleased to suspend the orders passed in lA. No. 256 of 2024 in OS. No. 37 of 2015, dated.

15- 7-2025 on the lile of the Hon'ble Senior civil Judge At Mahabubabad. Counsel for the l)etitioner(s) . S Rl. Gund tapalli V. S. S. S. Sruth i Counsel for the llespondents: Gaddam Jagannatham The Court made the following: ORDER ,l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL o DATE OF ORDER: O4. L2. ZO? S Between: Guguloth Mangilal and four others ... Petitioner AND Bhanoth Mangamma and 14 others (Respondent Nos. 2 to 15 are not necessary parties to the Revision Petitionf Respondent ORDER: This Civil Revision Petition is filed aggrieved by the order dated L5. o7. 2025 passed in I. A. No. 256 of 2024 in o. S. No. 3T of 2o1S by the learned Senior Civil Judge at Mahabubabad. 2. The facts of the case in brief are that the respondent No. 1 filed a suit for partition and separate possession utde o. S. No. 37 of 2o1S stating that she is the daughter of one sundar, who is the father of petitioners herein, through his l. t wife.

After the death of lst wife, the said Sundar married to one Janaki and the respondents 2 to 6 were b-* /1 born to them. It is further submitted that petitioner and defendant No. 1 are th. e children of Sundar through his l"t wife. During his lifetime, the father of respondent Nos. 2 to 6 possessed more than B0 acres of lzrnd and promised to give the petitioner her share. Subsequently, the father of petitioner and defendant No. l died. Thereafter, the petitioner approached respondents therein demanding for her share. It is further submitted during the cross-examination of PW. 1, the rr:spondents denied the reiationship of petitioner with them. As such, the petitioner filed I. A. No. 256 of 2024 in O. S. No. 37 of 2O15 seeking for DNA Test on the file of learned Senior Civil Judge at Mahabubabad. 3. On hearing the learned counsel for the petitioner and respondentsr in the said I. A, learned Senior Civil Judge, Mahabubabad allowed I. A. No.

256 of 2024 directing the petitioner and respondent Nos. 2 to 6 to appear before RFSL, Warangal on O1. 08. 2025 for giving blood samples for conducting DNA test. 4. Aggrieued by the order of the learned Senior Civil Judge, Mahabubabad, the petitioner filed the present C. R. P. 5. Heard learned counsel for the petitioners and learned counsel for the respondent. 6. Learne:d counsel for the petitioners submitted that the trial court ought to hatre dismissed the petition as the sarne is filed at pre-mature i i / I ! t I ,i i stage and ought not to have entertained when the trial was not concluded by both sides. It is further contended that the trial court failed to appreciate the settled law that "the DNA test cannot be ordered in a routine manner as a matter of course". It is further contended that the trial court failed to appreciate the settled law that "the DNA testing can be issued if the test of "eminent need" otherwise cannot be entertained, and prayed to allow the C. R. p.

by setting the aside passed by the learned Senior civil Judge, Mahabubabad in I. A. No. 256 of 2024 in O. S. N o. 37 of 2O 15. 7. Learned counsel for the respondent submitted that the impugned order passed by the trial court is legal and proper. It is further contended that the suit is one for partition and separate possession, wherein the relationship and status of the parties constihrte the very foundation of the claim. During the cross-examination of PW. l, the petitioners have categorically denied the paternity and relationship of the respondent with late Sundzrr, thereby giving rise to a serious dispute. It is further contended that the application seeking DNA test was not filed as a matter of course, but only after such denial was brought on record.

The direction for DNA testing satisfies the test of "eminent need,rr, as no other reliable evidence would:c6lhclusively determine the issue of relationship and relied upon the judgment of the Honlcle Apex Court in Narayan Dutt \ =\ c)r Tiwari v. Rohit Shekar and Anotherl, wherein it was held that "DNA ceminent testing can be issued if the test of need. " is satisfied and. not be allowed lbr the mere asking. It is further contended no prejudice is caused to the petitioners by the impugned order and that the same does not suflfer from any illegality or irregularity, B. This (lourt has carefull5r considered the rival submissions and perused thr: material available on record. It is well settled that DNA testing cannot be directed routinely, and such direction can be issued only when the Court finds an eminent and compelling necessity for the sarne. In the present case, the suit being one for partition and : il :!

separate pcssession, the respondent's entitlement depends merely on establishin5l her relationship with late Sundar. The petitioners having specifically denied such relationship during trial, the burden lies on the respon<lent to prove the same. In such circumstances, the trial ! l court rightly found that the DNA test would assist effectively in adjudicatin,g the real controversy between the parties. Hence, this I Court finds no pen/ersity, illegality or irregularity in the ord. er passed ti by the trial court. 9. Accor,iing1y, this Civil Revision P:IE. di"jli? ""9:_ Therg shall T rl ta be no ord. er as to costs. : ii | (2OL2) L2 SC:C 554 / i: l: i: l: tl l: I ,. ,,,";+-Xj As a sequel thereto, miscellaneous applications if any pending in this petition, shall stand closed / i SWAMY SDl- K. BHAVANI "iisiirnNr REGISTRAR \ //TRUE COPY/ OFFICER SECTION I : i i To, if any) records (livil Judge At tt/lahabubabad'(with 1. The Senior Advocate [OPUCI SRI' GundlapalliV'S'S'S'sruthi' 2.

One CC to Advocate [OPUC] 3. one cc to sRr. Gaddam Jagannatham, 4. Two CD CoPies t. n /W r PSL I / HIGH COURT DATED:041121)-02r. ) lrlt s ,R o t o (J ORDER > o 5 flltn 2026 7 CRP. No. 2925 of 2025 * t trPrcP€ o CIVIL REVISI0N PEI'ITION IS DISMISSED 1,

Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.