Bangalore District Court
Suhaas B. Batapatti vs Government Of Karnataka on 9 December, 2015
C.R.P. 67) Govt. Of Karnataka
Form
No.9(Civil)
Title sheet
for
Judgment
in Suits
(R.P.91)
TITLE SHEET FOR JUDGEMENTS IN SUITS
IN THE COURT OF XVI ADDL. CITY CIVIL AND
SESSIONS JUDGE, BANGALORE CITY.
(CCH.NO.12)
PRESENT : SRI MANJUNATH NAYAK,
B.A.L.,LL.B.,
XVI ADDL. CITY CIVIL &
SESSIONS JUDGE, BANGALORE CITY.
DATED: 9TH DECEMBER, 2015.
ORIGINAL SUIT NO. 9455/2014
*****
PLAINTIFF: Suhaas B. Batapatti, Ages 14 years,
S/o B.H. Babureddy,
Since Minor, represented by
His natural Guardian, Sri B.H. Babureddy
Age 45 years
S/o late B.T. Hanumantha Reddy
R/at No.1A/E/JE Type,
KPTCL Quarters, UAS campus,
Hebbal, Bangalore-29.
(By Sri D.K. Sriramappa, Advocate)
- Vs -
DEFENDANTS: 1. Government of Karnataka,
Represented by its Chief Secretary,
Vidhana Soudha, Bangalore-01.
2 O.S.No.9455/2014
2. The Commissioner,
Public Instructions
Department of Education
Dr. Ambedkar Beedi,
Multistoried buildings,
Bangalore-01.
3. The Secretary,
Sri Vidya Mandir Education Society
11th Cross, Malleshwaram,
Bangalore-03.
(By Sri Rajesh & Rajesh Advocates for
Deft No.3 and Deft No.1 and 2 Placed
exarte)
*****
Date of institution of the suit 05-12-2014.
Nature of the suit: Declaration & Injunction
Date of the commencement 05-11-2015.
of recording of the evidence:
Date on which the Judgment 09-12-2015.
was pronounced
Total duration Year/s Month/s Day/s
01 00 04
*******
JUDGMENT
The plaintiff has filed this suit to declare his name as B. Suhaas, by canceling his name as Suhaas B. Batapatti and for mandatory injunction directing the defendants to enter the plaintiff's name as B. Suhaas in all his school records.
2. The case of the plaintiff, as made out in the plaint, is as follows:
3 O.S.No.9455/2014
The plaintiff was born on 20-10-1999. The plaintiffs parents are interested to change the name of the plaintiff as B.Suhaas, as per the instructions of the Astrologer, for better interest and future of the plaintiff. The defendants have instructed the plaintiff to obtain a decree from the Court for change of name of the plaintiff. The plaintiff issued a legal notice on 22-03-2014 calling upon the defendants to change the name of the plaintiff in all school records. But, the defendants have not complied the legal notice, which made the plaintiff to file the present suit. On these grounds, plaintiff claimed a decree for declaration and mandatory injunction in the above terms.
3. In spite of service of suit summons, defendant No.1 and 2 failed to appear before this court and they placed exparte. The defendant No.3, though appeared before this court through his counsel, has not filed the written statement.
4. To prove and substantiate his case, father and natural guardian of the minor plaintiff examined before this Court as PW.1 and got marked Exs.P-1 to 6 documents.
5. I have heard the arguments.
6. The points that arose for my consideration are: 4 O.S.No.9455/2014
1. Whether the plaintiff is entitle for the decree of declaration and mandatory injunction, as prayed in this suit?
2. What Order or decree?
7. My answer for the above points in the following, because of my below-discussed reasons:
POINT NO.1 : IN THE AFFIRMATIVE
POINT NO.2 : AS PER FINAL ORDER.
REASONS
POINT NO.1:-
8. The father and guardian of the minor plaintiff, who was examined before this Court as PW.1, has reiterated the plaint averments in his examination in-chief affidavit and deposed that the plaintiff was born on 20-10-1999 and at present, he is studying in I year PUC. PW.1 further deposed that as per the advice of the Astrologer, for the better interest and future of the plaintiff, they wants to change the name of the plaintiff as B. Suhaas. PW.1 further deposed that the defendants have asked him to obtain a decree for change of name in the school records. Therefore, they constrained to file the present suit.
5 O.S.No.9455/2014
9. The plaintiff produced his birth certificate as per Ex.P-1. The certified copy of the order sheet of O.S.No.5499/2014 is marked as per Ex.P-2. The legal notice addressed to the defendants is marked as per Ex.P-3. The postal acknowledgments evidencing service of legal notice personally upon the defendants are marked as per Exs.P-4 to 6.
10. As I said earlier, in spite of service of summons, defendants No.1 and 2 failed to appear before this Court. Even though the defendant No.3 appeared before this Court through their counsel, they have not filed the written statement. Due to non-appearance of the defendants No.1 and 2 and defendant No.3 not filing the written statement, plaint averments remained unchallenged. PW.1 was not cross-examined. Therefore, his oral testimony and the documents produced by the plaintiff as per Exs.P-1 to P-6 remained unchallenged. Absolutely there is no rebuttal or contradictory evidence to disbelieve the undisputed pleadings and unchallenged evidence of the plaintiff.
11. It is the case of the plaintiff that he was born on 20- 10-1999 and named as Suhaas B. Batapatti and same was entered in all his school records. According to the plaintiff, because of the advice given by the Astrologer for the better 6 O.S.No.9455/2014 interest and future, plaintiff wants to change his name as B. Suhaas instead of Suhaas B. Batapatti. Before filing this suit, plaintiff has filed one more suit in O.S.No.5499/2014. In the said suit, plaint was returned to the plaintiff for re-presentation by making the Chief Secretary as a party to the suit and by complying Sec.80 of CPC by issuing the statutory notice to the defendants. By complying all those legal defects, the plaintiff has filed the present suit.
12. Since the plaintiff is a minor, he has filed suit through his guardian father. The plaintiff wants to change his name as B.Suhaas because of the advice of the Astrologer for his better interest and future. Since the plaintiff is a minor and he is still a student, there cannot be any malafide intention on the part of the plaintiff in changing his name. Now, as per the Government circular, any changes in the school records cannot be made without the decree from the Civil Court. Therefore, the plaintiff constrained to file the present suit.
13. As per the unreported decisions of our High Court in RFA No.947/2013 dated 10-12-2013 (Srinidhi vs. Government of Karnataka and others), RFA No.1044/2009 dated 02-01-2013 (Hucheshwara S. Mali vs. Head Master 7 O.S.No.9455/2014 and others) and RFA No.1994/2013 dated 25-02-2014 (Ms. Shruthi Yellamma vs. Regional Passport Officer), the suit for change of name is maintainable before the Civil Court, as there is no other provisions or procedures provided for change of names in the school records. The plaintiff has complied Sec.80 of CPC before the institution of this suit. The plaintiff is not intended to make any unlawful gain or there is no such malafide intention on the part of the plaintiff in filing the present suit seeking change of his name. Therefore, I hold that the plaintiff is entitled for the relief of declaration and mandatory injunction as claimed in this suit. Accordingly I answer point No.1 in the Affirmative.
POINT NO. 2:-
14. In view of my findings on the above points, suit filed by the plaintiff deserves to be decreed. Considering the facts and circumstances of this case, I feel it is just and proper to direct both the parties to bear their respective costs. Accordingly, I proceed to pass the following order:-
ORDER The suit filed by the plaintiff is decreed in the following terms:8 O.S.No.9455/2014
It is declared that the name of the plaintiff is changed as B. Suhaas instead of Suhaas B. Batapatti.
Consequently, defendants are hereby directed to rectify the school records of the plaintiff by changing the name of the plaintiff as B. Suhaas instead of Suhaas B. Batapatti.
I direct both the parties to bear their respective costs.
Draw decree accordingly.
******* (Dictated to the Judgment Writer, transcribed by her, the transcript corrected by me, signed and then pronounced by me in open Court on this the 9th day of December, 2015).
(MANJUNATH NAYAK) XVI ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE.
()()()()()() ANNEXURE LIST OF WITNESSES EXAMINED FOR PLAINTIFF:-
PW.1 B.H. Babureddy LIST OF DOCUMENTS MARKED FOR PLAINTIFF:-
Ex.P-1 Birth certificate
Ex.P-2 Cc of Order sheet in OS 5499/2014
Ex.P-3 Legal notice
Ex.P-4 to 6 Postal acknowledgments.
9 O.S.No.9455/2014
LIST OF WITNESSES EXAMINED FOR DEFENDANTS:-
- NIL -
LIST OF DOCUMENTS MARKED FOR DEFENDANTS:-
- NIL -
(MANJUNATH NAYAK) XVI ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE.10 O.S.No.9455/2014
(Judgment pronounced in open Court vide separate judgment) ORDER The suit filed by the plaintiff is decreed in the following terms:
It is declared that the name of the plaintiff is changed as B. Suhaas instead of Suhaas B. Batapatti.
Consequently, defendants are hereby directed to rectify the school records of the plaintiff by changing the name of the plaintiff as B. Suhaas instead of Suhaas B. Batapatti.
I direct both the parties to bear their respective costs.
Draw decree accordingly.
(MANJUNATH NAYAK) XVI ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE.11 O.S.No.9455/2014