Karnataka High Court
Sri B Rudresha vs The Government Of Karnataka on 7 June, 2012
Author: A.S.Bopanna
Bench: A.S.Bopanna
1
IN THE HIGH COURT OF KARNATAKA AT
BANGALORE
DATED THIS THE 7TH DAY OF JUNE 2012
BEFORE
THE HON'BLE MR. JUSTICE A.S.BOPANNA
RFA No.827/2010
BETWEEN :
SRI B RUDRESHA
AGED ABOUT 36 YEARS,
S/O M. BEERAPPA @ M. BEERAIAH
R/O NO. 110, 5TH MIAN, II STAGE
III MAIN, MANJUNATHANAGAR,
BANGALORE-560 010. ... APPELLANT
( BY SRI B RUDRESHA , PARTY-IN-PERSON)
AND :
1. THE GOVERNMENT OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
EDUCATION DEPARTMENT,
VIDHANA SOUDHA, BANGALORE-1
2. THE SECRETARY
KARNATAKA SECONDARY EDUCATION
EXAMINATION BOARD, MALLESWARAM,
BANGALORE-560 003
3. THE DEPUTY DIRECTOR
PUBLIC EDUCATION DEPARTMENT
GOVT. OF KARNATAKA
BANGALFORE NORTH DISTRICT,
K.G ROAD, BANGALORE-560 010
4. THE HEAD MASTER
SHARADA VIDYA MANDIR
2
HIGH SCHOOL, RAJAJINAGAR,
BANGALORE-560 010. ...RESPONDENTS
( BY SRI T.P. SRINIVAS, AGA.)
THE APPEAL IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 20.04.2010
PASSED IN O.S.NO.6990/2009 ON THE FILE OF 9TH ADDITIONAL
CITY CIVIL & SESSIONS JUDGE, BANGALORE CITY, DISMISSING
THE SUIT FOR DIRECTION.
THE APPEAL COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appellant herein is the plaintiff in O.S.No.6990/2009. The suit was instituted seeking for issue of direction to the defendants to effect the change of the plaintiff's name to be read as "B. Rudresha" instead of "B. Rudresh" and to correct the name of his father as "M. Birappa @ M. Birayya." The trial Court has dismissed the suit. The appellant is therefore before this Court in this appeal.
2. The parties would be referred to in the same rank as assigned to them before the trial Court for the purpose of convenience and clarity.
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3. The case put forth by the plaintiff is that his name was initially indicated as "B.M. Rudresh" which was also shown as "Rudresh B" in the School Records and also in the S.S.L.C. Marks card. The plaintiff contended that he had thereafter changed his name as "B. Rudresha" by the affidavit dated 13.11.2007 and as such, the assumed name of "B. Rudresha" was to be indicated in the records. Though the plaintiff made a request with the defendants for appropriate change in the records, the defendants issued an endorsement indicating that the same could not be made at their end. It is in that context, the plaintiff had approached the trial Court seeking for the change.
4. The defendants though served did not appear and therefore were placed ex-parte and the matter was proceeded with. In the absence of the written statement, there was no need for framing any issues, but the trial Court framed two points for its consideration and in fact, the main point being as to whether the plaintiff can seek for mandatory injunction? 4
5. The plaintiff had filed his affidavit by way of evidence and had also marked documents as at Exhs.P1 to P6. A perusal of the said documents would indicate that S.S.L.C. marks card is at Ex.P1 and the Transfer Certificate is at Ex.P2. The Study Certificates were issued by the School are at Exhs.P3 and P4. A perusal of the said documents would reveal that the name of the plaintiff is indicated as "Rudresha B" and his father's name as "Beerappa". The affidavit dated 13.11.2007 sworn before a Notary is at Ex.P5. A perusal of the same would indicate that the plaintiff has sworn to the fact that his original name is "Rudresh B" which has been mentioned in all the educational certificates, but in some Certificates it has been mentioned as "Rudresh B.M." He has further declared that by the said affidavit, he is renouncing his old name as per the advise of the Astrologer and he is assuming the name of "Rudresha B". The fact of having sworn to the affidavit and having changed his name in fact has been published in the Newspaper and a copy of which is available in the records, but 5 has not been marked as exhibit. The endorsement issued by the authorities stating that they cannot change the name as per the Circular is Ex.P6.
6. In the background of the above, when the plaintiff is before the Court seeking for a direction in the nature of mandatory injunction to the defendants to effect the change in the records, the plaintiff is not for the first time seeking a declaration that his name is "Rudresha B" and that of his father as "Beerappa @ Beerayya". However, it is in that context, the trial Court has refused to grant the relief. It is no doubt true that insofar as the father of the applicant, neither the father has sworn to any affidavit to indicate that there is an error with regard to the mentioning of his name nor has he appeared before the Court to state so. However, insofar as the plaintiff is concerned, much prior to the filing of the suit on 03.11.2009, the plaintiff had sworn to an affidavit on 13.11.2007 and had also published the same for the knowledge of the general public. Further, he has declared that he would call himself and 6 also sign by the assumed name. Therefore, insofar as the plaintiff is concerned, he had already assumed such name and hence, a direction in the nature of mandatory injunction was sought for having the same incorporated in the records. Such request ought to have been accepted.
7. Insofar as the name of the father, though the plaintiff has also produced an affidavit sworn by him with regard to the error which has crept in, in the records relating to the name of his father, the same would not be sufficient. Hence, to the said extent, the trial Court was justified.
8. In the result, the appeal is allowed in part. The judgment and decree of the trial Court insofar as dismissing the suit in its entirety is set aside. However, insofar as rejection of the prayer to incorporate the change with regard to the name of father of the plaintiff is affirmed. Insofar as the plaintiff, there shall be a decree of mandatory injunction directing the respondents to alter the name of the plaintiff in the School 7 records including the S.S.L.C. marks card by showing his name as "Rudresha B" instead of "B. Rudresh". No order as to costs.
Sd/-
JUDGE hrp/bms