Bangalore District Court
Sri. Gurumurthy B.Y. @ Krishnappa vs The Chief Secretary on 10 January, 2023
1
OS No.156/2022
C.R.P.67 Govt. of Karnataka
Form No.9 (Civil)
Title Sheet for
Judgments in Suits
(R.P.91)
TITLE SHEET FOR JUDGMENTS IN SUITS
IN THE COURT OF THE XVI ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE (CCH-12) AT BENGALURU
Dated this the 10th day of January 2023.
PRESENT:
Smt. Jyothsna. D, LL.B.,LL.M.,
XVI Addl. City Civil & Sessions Judge,
Bengaluru.
ORIGINAL SUIT No.5313/2021
PLAINTIFF: 1. Sri. Gurumurthy B.Y. @ Krishnappa,
S/o Late Yellappa,
Aged about 46 years,
2. Sri. Rakesh. K. @ Rakesh B.G.,
S/o Sri.Gurumurthy B.Y.,
aged about 24 years
(By H.R.Raghuram -Advocate)
-VERSUS-
DEFENDANTS: 1. The Chief Secretary,
State of Karnataka,
Vidhanasoudha,
Bengaluru -560 001.
2. The Deputy Director of Public
Instructions,
Bengaluru North District,
Bengaluru.
3. The Block Education Officer,
Education Department,
Bengaluru North District,
Bengaluru.
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O.S. No.5313/2021
4. The Head Master,
Primary School,
Buragamarada Palya,
Mahadevapura,
Yantaganahalli,
Bengaluru East Taluk,
Bengaluru - 562 123.
5. The Head Master,
Government High School,
Nealamangala Taluk,
Bengaluru Rural District.
6. The Head Master,
Vidyapriya High School,
T.C.Nagara, Laggere,
Bengalru -56 058.
7. The Secretary,
Karnataka Secondary Education
Examination Board, Department
Malleshwaram Circle,
Bengaluru.
(D.1 to 3, 5 & 7 by Smt. Lohitheshwari-
III Addl.Dist. Government Pleader ,
Defendant No.4 & 6 placed exparte)
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Date of Institution of the Suit : 30.09.2021
Nature of the Suit (Suit on : Declaration & Injunction
pronote, Suit for declaration
and possession, Suit for injun-
ction etc,)
Date of the commencement : 16.08.2022
of recording of the evidence
Date on which the Judgment : 10.01.2023
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Cont'd..
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O.S. No.5313/2021
Year/s Month/s Day/s
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Total duration : 01 year, 03 months, 10 days
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(JYOTHSNA. D)
XVI Addl. City Civil & Sessions Judge,
Bengaluru .
JUDGMENT
The Plaintiff has filed this suit against the defendants for seeking declaratory relief to declare the name of the Plaintiff as 'Rakesh.B.G.' instead of 'K.Rakesh' and his father's name as 'B.Y.Gurumurthy' instead of 'Krishnappa' and accordingly direct defendants to change the name of the Plaintiff as Plaintiff as 'Rakesh.B.G.' instead of 'K.Rakesh' and his father's name as 'B.Y.Gurumurthy' instead of 'Krishnappa' in all the plaintiff's school and college records and all other deed and documents belonged to the plaintiff and his father in all the concerned authorities by Cont'd..
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O.S. No.5313/2021 way of mandatory injunction and for other consequential reliefs.
2. The brief facts of the Plaintiff's case are that- The Plaintiffs are the permanent residents of Dasanapura Village, Nelamangala Rural District and also now residing at Laggere,Peenya II Stage, Bengaluru. It is further stated that the plaintiff No.1 while admitting his son-2nd plaintiff to the school, he had given the name as 'Rakesh.K' instead of 'Rakesh B.G' and the same continued in all the school records. The said mistake was not noticed till 2nd Plaintiff's completion of 18years as the Plaintiff No.1 is an illiterate and also unable to read contents of the documents issued by the Departments.
It is further stated that the Plaintiff No.2 has studied at Defendant No.4 from 1 st to 4th standard during the year 2003 to 2007 and he got admitted to defendant No.5 school to study 5 th standard during the year 2007-
08. The plaintiff No.2 got admitted to 6 th defendant school for studying 10th standard during the year 2008 Cont'd..
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O.S. No.5313/2021 to 2013 and he has passed his SSLC Examination during the year 2013-14. It is further stated that Plaintiff No.1 approached the astrologer for change of name and initial of the Plaintiff Nos.1 and 2 on the basis of the astrology and also the faith in the future of both of them, now they wants to change their names and initials and therefore, they requested the defendants to effect the changes in the 2nd Plaintiff's name as 'Rakesh.B.G.' instead of 'K.Rakesh' and his father's name as 'B.Y.Gurumurthy' instead of 'Krishnappa' in all the school records of the plaintiff No.2. It is further stated that the plaintiffs also sworn to affidavits and published the same in the daily local news paper.
It is further stated that the plaintiffs approached the defendants to effect the changes in their names in the school records of the plaintiff No.2 orally they refused to do so. Hence, the plaintiffs got issued legal notice the plaintiff got issued legal notice to the defendants No.1, 4 to 7 on 15.07.2021 calling upon them to change the name of the 2 nd plaintiff as Cont'd..
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O.S. No.5313/2021 'Rakesh.B.G.' instead of 'K.Rakesh' and his father's name as 'B.Y.Gurumurthy' instead of 'Krishnappa , and on receipt of the said notice, the defendants neither complied the notice nor replied to the said notice. Hence, he has filed this suit and prayed to decree the suit.
3. After service of summons, defendants No.1 to 3, 5 & 7 appeared through III Addl.District Government Pleader and filed their written statement. The defendants No.4 & 6 remained absent and hence, they are placed exparte.
4. In their written statement, the defendants No.1 to 3 and 5 & 7 have denied the plaint averments and stated that the suit of the Plaintiff is not maintainable either in law or on facts. It is further contended that there is no provision to change the name of the student in the school records as per the Circular issued by the Commissioner of Education Department. It is further contended that the suit is barred by law of limitation as the suit is filed by the plaintiffs after a lapse of considerable time. It is further Cont'd..
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O.S. No.5313/2021 contended that there is no cause of action to file this suit and hence, prayed to dismiss the suit.
5. On the basis of the pleadings, the following issues have been framed-
1. Whether plaintiff proves that his actual name is Rakesh. B.G. and his father's actual name is B.Y.Gurumurthy, but in his school & college records his name is wrongly mentioned as K. Rakesh and his father's name is wrongly mentioned as Krishnappa as pleaded in the plaint?
2. Whether defendants prove that suit of the plaintiff is not maintainable?
3. Whether defendants prove that suit is barred by law of limitation?
4. Whether plaintiff is entitled to the relief as sought for?
5. What order or decree?
6. In order to prove his claim, the plaintiffs No.2 and 1 got examined themselves as Pws.1 & 2 respectively and got marked the documents as Ex. P.1 to Ex.P.19.
7. On the other hand, the defendants No.1 to 3 , 5 & 7 though filed their written statement, they have not Cont'd..
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O.S. No.5313/2021 chosen to adduce any oral/documentary evidence on their behalf.
8. Heard the arguments counsel for plaintiff. The learned Addl.District Government Pleader submitted that the arguments be taken as heard.
9. My findings on the above issues are as follows:
Issue No.1 - In the Affirmative Issue Nos.2 & 3 - In the negative Issue No.4 - Partly in the Affirmative Issue No.5 - As per final order, for the following -
REASONS
10. Issue No.1: Admittedly, this suit is for declaration of the 2 nd plaintiff's name is 'Rakesh.B.G.' instead of 'K.Rakesh' and his father's name is 'B.Y.Gurumurthy' instead of 'Krishnappa' and for direction to the defendants to change the name of the plaintiffs in all their records pertaining to the 2 nd plaintiff as 'Rakesh.B.G.' instead of 'K.Rakesh' and his father's name as 'B.Y.Gurumurthy' instead of 'Krishnappa' and for other consequential reliefs. Cont'd..
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O.S. No.5313/2021
11. It is the case of the plaintiffs that the plaintiff No.1 while admitting his son-2nd plaintiff to the school, he had given the name as 'Rakesh.K' instead of 'Rakesh B.G' and the same continued in all the school records. The said mistake was not noticed till 2 nd Plaintiff's completion of 18 years as the Plaintiff No.1 is an illiterate and also unable to read contents of the documents issued by the Departments.
12. It is further case of the plaintiffs that the Plaintiff No.2 has studied at Defendant No.4 from 1 st to 4th standard during the year 2003 to 2007 and he got admitted to defendant No.5 school to study 5th standard during the year 2007-08. The plaintiff No.2 got admitted to 6th defendant school for studying 10th standard during the year 2008 to 2013 and he has passed his SSLC Examination during the year 2013-14. It is further stated that Plaintiff No.1 approached the astrologer for change of name and initial of the Plaintiff Nos.1 and 2 on the basis of the astrology and also the faith in the future of both of them, now they wants to change their names Cont'd..
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O.S. No.5313/2021 and initials and therefore, they requested the defendants to effect the changes in the 2 nd Plaintiff's name as 'Rakesh.B.G.' instead of 'K.Rakesh' and his father's name as 'B.Y.Gurumurthy' instead of 'Krishnappa' in all the school records of the plaintiff No.2. It is further case of the plaintiffs that the plaintiffs also sworn to affidavits and published the same in the daily local news paper.
13. It is case of the plaintiffs that the plaintiffs approached the defendants to effect the changes in their names in the school records of the plaintiff No.2 orally they refused to do so. Hence, the plaintiffs got issued legal notice the plaintiff got issued legal notice to the defendants No.1, 4 to 7 on 15.07.2021 calling upon them to change the name of the 2 nd plaintiff as 'Rakesh.B.G.' instead of 'K.Rakesh' and his father's name as 'B.Y.Gurumurthy' instead of 'Krishnappa , and on receipt of the said notice, the defendants neither complied the notice nor replied to the said notice. Cont'd..
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O.S. No.5313/2021
14. In order to substantiate their case, the plaintiffs have got examined themselves as Pws.1 and 2 and reiterated the plaint averments. The Plaintiffs have also got marked number of documents. They are, Ex.P.1 is the SSLC Marks Card of the Plaintiff No.2. On perusal of the said document, the name of the 2 nd plaintiff is shown as 'Rakesh.K' and his father/Plaintiff No.1's name is shown as 'Krishnappa'. Ex.P.2 is the Aadhaar Card pertaining to Plaintiff No.1. Ex.P.5 is the Aadhaar Card of the plaintiff No.2. In the said documents, the name of first plaintiff is shown as 'Gurumurthy.B.Y' S/o Yellappa and the name of the 2 nd plaintiff is shown as 'Rakesh.K S/o Krishnappa and the address shown in Ex.P.2 & P.3 is the same as shown in the cause title of this plaint. Ex.P.3 is the Ration Card of the Plaintiffs wherein the address of the Plaintiffs are shown as the same in the cause title of the plaint and the names of the plaintiffs are shown as Gurumurthy B.Y. and Rakesh.K. Likewise, Ex.P.4 is the PAN Cards of the plaintiffs wherein the names of the plaintiffs are shown as Gurumurthy B.Y. Cont'd..
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O.S. No.5313/2021 and Rakesh.K. Ex.P.6 is the Election ID Card of the 2 nd Plaintiff, wherein the name of the Plaintiff No.2 is shown as Rakesh.K. S/o Krishnappa. Ex.P.7 & P.8 are the Study Certificates showing the name of 2 nd plaintiff as 'K.Rakesh S/o Krishnappa'. Ex.P.9 is Conduct Certificate issued by Vidyapriya High School in the name of 'Rakesh.K S/o Krishnappa'. Ex.P.10 is the bank pass book of 1st plaintiff wherein his name is shown as 'Krishnappa'. Ex.P.11 is the Legal notice dated 15.07.2021 issued by the plaintiffs to the defendants calling upon them to change the names of plaintiffs as 'Rakesh.K' as 'Rakesh.B.G. and the name of 1 st plaintiff as 'B.Y.Gurumurthy' from 'Krishna''a. Ex.P.12 is the postal receipts and Ex.P.13 to 19 are the postal tracks.
15. It is pertinent to note that the defendants have not elicited any incriminating evidence in the cross- examination of Pws.1 & 2. Moreover, defendants No.1 to 3, 5 & 7 have not chosen to lead any evidence and they have not produced any documents to disprove the contentions of the plaintiffs. Further, the defendant Cont'd..
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O.S. No.5313/2021 Nos.4 & 6 are placed ex-parte. Defendant no. 2 once appeared before the court and produced copies of some documents but did not come In the absence of any contra evidence by the defendants, plaintiffs have proved that as per advice of the astrologer, their names to be changed as 'Rakesh.B.G' instead of 'Rakesh.K' and 'Gurumurthy B.Y' instead of 'Krishnappa' according to their horoscope. Hence, this court answers Issue No.1 in the affirmative.
16. Issue No.2 and 3 :- These issues No.2 and 3 are interconnected and in order to avoid repeated discussions these issues are taken up together for discussion.
17. In the written statement the defendants submitted that the suit is not maintainable either in law or on facts and the suit is barred by law of limitation. But in further chief examination of PW.1, the office copy of legal notice dated 15.07.2021 that is Ex.P.11, Ex.P.12 postal receipts and Ex.P.13 to P.19 postal tracks clearly shows that the statutory notice under Section 80 of the Cont'd..
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O.S. No.5313/2021 CPC are fully established. In para 10 and 11 of the plaint it is stated that the plaintiffs got issued a legal notice on 15.07.2021 to the defendants calling upon them to change their names as 'Rakesh.B.G' instead of 'Rakesh.K' and 'Gurumurthy B.Y' instead of 'Krishnappa'. The defendants to prove these averments have not stepped into witness box and not adduced their evidence. In view of no-contra evidence oral or documentary by the defendants, they have failed to prove that the suit is not maintainable and barred by law of limitation by limitation. Hence, this court answered issue No 2 & 3 in the NEGATIVE.
18. Issue No.4 : In view of my discussion above, when the Plaintiffs want to change their names as 'Rakesh.B.G' instead of 'Rakesh.K' and 'Gurumurthy B.Y' instead of 'Krishnappa' as per the advise of the astrologer, definitely as a civil right, the Plaintiffs are entitled to get their names changed as per their will and wish. Under such circumstances, I am of the considered opinion that it is very much necessary to declare that the name of the plaintiffs as Cont'd..
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O.S. No.5313/2021 'Rakesh.B.G' instead of 'Rakesh.K' and 'Gurumurthy B.Y' instead of 'Krishnappa'.
19. It is true plaintiffs have sought to give direction to the defendants by way of mandatory injunction to make necessary corrections in all the educational and other records of the plaintiff No.2. When once the court has declared that the name of the plaintiffs as 'Rakesh.B.G' instead of 'Rakesh.K' and 'Gurumurthy B.Y' instead of 'Krishnappa', it is bounden duty of the concerned officer and school authorities and other authorities concerned to make necessary corrections in all the records and school records of the plaintiffs and there is no need to give direction to the said concerned authorities to make necessary corrections by way of mandatory injunction separately. If the plaintiffs file necessary application for corrections in view of the judgment passed in the above suit the concerned school/college/other authorities shall make necessary corrections and it will not cause any inconvenience or injustice to the defendants. Hence, this Court answered Issue No.4 Partly in the affirmative. Cont'd..
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20. Issue No.5: For the foregoing reasons and discussions and considering the findings on the above issues, suit of the plaintiffs deserve to be decreed partly without costs. Accordingly this Court proceed to pass the following:
ORDER The suit of the plaintiffs is hereby decreed partly.
It is hereby declared that the name of the plaintiff No.1 is 'Gurumurthy.B.Y.' instead of 'Krishnappa' and the name of the Plaintiff No.2 is 'Rakesh.G.B.' instead of 'Rakesh.K'.
No order as to costs.
Draw decree accordingly.
(Dictated to JW on Computer, typed by her, revised by me and after corrections, pronounced in open Court on this the 10th day of January 2023.) (JYOTHSNA. D) XVI Addl. City Civil & Sessions Judge, Bengaluru ANNEXURE
1. WITNESS EXAMINED FOR THE PLAINTIFF:
Cont'd..17
O.S. No.5313/2021 P.W.1 : Sri. Rakesh. K @ Rakesh B.G. P.W.2 : Sri. Gurumurthy B.Y. @ Krishnappa
2. DOCUMENT/S MARKED ON BEHALF OF PLAINTIFF:
Ex.P.1 : SSLC Marks Card of the Plaintiff No.2 Ex.P.2 : Aadhaar Card of Plaintiff No.1 Ex.P.3 : Ration Card Ex.P.4 : Pan Card of Plaintiff No.2 Ex.P.5 : Aadhaar Card of Plaintiff No.2 Ex.P.6 : Driving License Ex.P.7 & : Study Certificates P.8 Ex.P.9 : Conduct Certificate Ex.P.10 : Bank Pass book Ex.P.11 : Legal notice dated 15.07.2021 Ex.P.12 : 7 postal receipts Ex.P.13 : 7 Postal Tracks to P.19
3. WITNESS/ES EXAMINED FOR THE DEFENDANTS:
Nil
4. DOCUMENT/S MARKED ON BEHALF OF DEFENDANTS:
Nil (JYOTHSNA. D) XVI Addl. City Civil & Sessions Judge, Bengaluru.
Cont'd..18
O.S. No.5313/2021 10.01.2023 Judgment pronounced in open Court vide separate detailed order. The operative portion is as hereunder:
The suit of the plaintiffs is hereby decreed partly.
It is hereby declared that the name of the plaintiff No.1 is 'Gurumurthy.B.Y.' instead of 'Krishnappa' and the name of the Plaintiff No.2 is 'Rakesh.G.B.' instead of 'Rakesh.K'.
No order as to costs.
Draw decree accordingly.
XVI Addl. City Civil & Sessions Judge, Bengaluru .
Cont'd..