Bangalore District Court
Father Is P. Dashnamurthy. In The Sslc vs And Called Upon Them To Correct The Name ... on 2 January, 2021
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O.S.No. 8141/2019
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 II ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE AT BANGALORE
(C.C.H. No.17)
DATED THIS THE 2nd DAY OF JANUARY 2021
PRESENT : SRI. R.Y. SHASHIDHARA, B.Com., LL.B,
II Addl. City Civil & Sessions Judge, Bengaluru
O.S.No.8141/2019
[ Plaintiff: Sri. Prabhakaran. D
S/o P. Dashnamurthy,
Aged about 23 years,
Residing at No.216,
RCA Cycle Mart,
Siddartha Nagar, Bengaluru North,
Jalahalli West,
Bengaluru - 560 015.
(By Sri M.S., Advocate)
Vs.
Defendants:- 1) 1) The Secretary,
Government of Karnataka,
Department of Education,
Vidhana Soudha,
Bengaluru.
2) The Commissioner of Public Instruction,
Nrupathunga Road,
Bengaluru.
3) The Dy. Director of Public Instruction,
Bengaluru North,
Bengaluru.
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O.S.No. 8141/2019
4) The Secretary,
Secondary Education Board,
Malleshwaram,
Bengaluru.
5) The Secretary,
Pre-University Board,
Malleshwaram,
Bengaluru.
6) The Block Education Officer,
Bengaluru South,
Bengaluru.
7) Dy. Commissioner
Bengaluru Urban,
Bengaluru.
8) The Head Master,
Shree Shabari English High School,
Shabari Nagar, 2nd cross,
Jalahalli West,
Bengaluru - 560 015.
9) The Principal
North Bengaluru PU college,
MNTI Campus,
Kammagondanahalli,
Bengaluru -560 015.
(D.1 to 7 -Exparte)
(D.8 -Sri. MR Advocate)
(D.9 -Sri. MVK, ADvocate)
Date of Institution of the suit : 12.11.2019
Nature of the suit (suit on : Declaration for change of
name and Mandatory Injunction
pronote, suit for declaration
and possession, suit for
injunction etc,)
Date of the commencement : 18.12.2020
of recording of the evidence
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O.S.No. 8141/2019
Date on which the Judgment : 02.01.2021
was pronounced
Year/s Month/s Day/s
Total duration : 01 01 20
------------------------------------------------------------------------
(R.Y. Shashidhara)
II Addl. City Civil and Sessions Judge,
& Special Judge, Bangalore.
JUDGMENT
This suit filed by the plaintiff and prayed for decree declare that his father name is P. Dashnamurthy. Consequential relief to direct the defendants to correct the name of plaintiff's father in the marks cards and Transfer certificates by deleting existing name i.e., Dhakshinamurthy. A.P. .2. In the plaint, it is stated that, name of the plaintiff's father is P. Dashnamurthy. In the SSLC, PUC marks cards and transfer certificates issued by the defendants, the name of plaintiff's father mentioned as Dhakshinamurthy.A.P. In the Aadhaar card, pension certificate and death certificate of the plaintiff's father, his name mentioned as P. Dashnamurthy. The name of plaintiff's father i.e., P. 4 O.S.No. 8141/2019 Dashnamurthy to be corrected in the SSLC, PUC marks cards and transfer certificates belong to the plaintiff. The plaintiff contacted the defendants authorities to change the name of his father and issue fresh certificates and marks cards. But they have not heeded his request. On 11.07.2019 the plaintiff got issued legal notice to the defendants and called upon them to correct the name of his father in the SSLC, PUC marks cards and transfer certificates belongs to him. In-spite of service of the said notice, the defendants have not complied with the same. Hence, the plaintiff constrained to file this suit and prayed for decree.
.3. After service of suit summons, the defendants 1 to 7 have not appeared and placed exparte. Defendants 8 and 9 have appeared through their counsels and submitted no objections to change the name of plaintiff's father as prayed in the suit. Then the case posted for plaintiff's evidence.
.4. In order to prove his case, the plaintiff examined himself as PW.1. Documents got marked as Ex.P.1 to 12.
.5. Heard the arguments.
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O.S.No. 8141/2019 .6. The following points that would arise for my consideration:
1) Whether the plaintiff proves that correct name of his father as P. Dashnamurthy?
2) Whether the plaintiff proves that name of his father wrongly mentioned in the SSLC, PUC marks cards and transfer certificates as Dhakshinamurthy. A.P. instead of P. Dashnamurthy?
3) Whether the plaintiff is entitle for reliefs as prayed for?
4) What order or decree?
.7. My answers to the above points are as under:
Point No.1 : In the affirmative,
Point No.2 : In the affirmative,
Point No.3 : In the affirmative,
Point No.4 : As per final order,
for the following:
R E A SON S
.8. Points 1 to 3: These three points are inter-
connected. Therefore, for the purpose of avoiding repeated
discussion, I have taken up these points together for consideration.
.9. PW.1 is the plaintiff of this case. In his examination- in-chief, he has deposed as per the averments of the plaint 6 O.S.No. 8141/2019 and stated that his father name is P. Dashnamurthy. He further deposed that in his SSLC and PUC marks cards and transfer certificates name of his father mentioned as Dhakshinamurthy. A.P. He further deposed that in the Aadhaar card, pension certificate and death certificate of the his father, mentioned his name as P. Dashnamurthy. Name of his father i.e., P. Dashnamurthy to be corrected in the SSLC and PUC marks cards and transfer certificates belong to him. He further deposed that he contacted the defendants authorities, on 11.07.2019 he got issued legal notice to the defendants and called upon them to correct the name of his father in the SSLC, PUC marks cards and transfer certificates. In-spite of service of the said notice, the defendants have not complied with the same. Hence, he prayed for decree the suit.
.10. I have perused the documentary evidence produced by the plaintiff. Ex.P.1 is the death certificate of P. Dashnamurthy issued by BBMP, Bengaluru. Ex.P.2 is the birth certificate of the plaintiff issued by BBMP, Bengaluru. Ex.P.3 and 4 are notarized copies of family pension (Memo) issued by PCDA(P) office, Allahabad. Ex.P.5 is notarized copy 7 O.S.No. 8141/2019 of Schedule Caste/Schedule Tribes certificate issued by the Tahsildar, Bengaluru North Taluka in the name of plaintiff. Ex.P.6 is notarized copy of Aadhaar card belongs to the plaintiff. In Ex.P.1 to 6, the name of plaintiff's father mentioned as P. Dashnamurthy. Ex.P.7 is the SSLC marks card and Ex.P.8 is the transfer certificate issued by North Bengaluru P.U. college belongs to the plaintiff. In Ex.P.7 and 8, the name of plaintiff's father mentioned as Dhakshinamurthy. A.P. Ex.P.9 is the office copy of statutory notice got issued by the plaintiff under Section 80(2) of CPC to the defendants 1 to 9 and called upon them to delete the name of his father in the marks cards, transfer certificates and incorporate as P. Dashnamurthy. Ex.P.10 are postal receipts for issuing Ex.P.9 of the notice to the defendants by way of registered post. Ex.P.11 are seven postal acknowledgments addressed in the names of defendants 2, 3 and 5 to 9. Ex.P.12 is the reply dated 19.07.2019 by defendant No.5 to the plaintiff's counsel. This court perused the originals of Ex.P.3, 4, 5, 6 and 7 at the time of marking the documents.
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O.S.No. 8141/2019 .11. I have perused the above said pleadings, oral evidence of PW.1 and documentary evidence of Ex.P.1 to 12 placed by the plaintiff. The defendants 1 to 7 have not appeared and resisted the case of the plaintiff. Defendants 8 and 9 have appeared through their counsels and submitted no objections to change the name of plaintiff's father as prayed in the suit. From perusal of the same, I come to the conclusion that, the plaintiff has proved that actual name of his father as P. Dashnamurthy. Ex.P.1 to 6 are clear about the same. As per Ex.P.7 and 8 the name of plaintiff's father mentioned as Dhakshinamurthy. A.P. Hence, I come to the conclusion that, the plaintiff has proved actual name of his father as P. Dashnamurthy. He further proved that name of his father wrongly mentioned in the SSLC, PUC marks cards and transfer certificates as Dhakshinamurthy. A.P. instead of P. Dashnamurthy. As stated above, the plaintiff has complied with the provision of order 80 of CPC. Hence, I come to the conclusion that, the plaintiff is entitle for the relief of declaration that name of his father as P. Dashnamurthy. He is also entitle for the relief to direct the defendants to correct the name of his father as P. Dashnamurthy in his SSLC, PUC 9 O.S.No. 8141/2019 marks cards and transfer certificates. Accordingly, I come to the conclusion that, suit of the plaintiff is liable to be decreed. From looking into the facts and circumstances of the case, there is no order as to cost. Hence, I answer points 1 to 3 in the affirmative.
.12. Point No.4: In view of my findings to the points 1 to 3, I proceed to pass the following:
OR D E R Suit of the plaintiff is decreed. It is declared that name of the plaintiff's father as P. Dashnamurthy.
It is directed the defendants to correct the name of plaintiff's father as P. Dashnamurthy in the SSLC, PUC Marks cards and transfer certificates belongs to the plaintiff by deleting the existing name Dhakshinamurthy. A.P. No cost.
Draw decree accordingly.
(Dictated to the Judgment Writer, transcribed by her, revised by me and after corrections, pronounced in open Court on this the 2nd day of January, 2021.) (R.Y. Shashidhara) II Addl. City Civil and Sessions Judge, & Spl. Judge, Bangalore.10
O.S.No. 8141/2019 A N NE X U R E
1. WITNESSES EXAMINED FOR THE PLAINTIFF :
P.W.1 : P. Dashnamurthy
2. DOCUMENTS MARKED FOR THE PLAINTIFF:
Ex.P.1 Death certificate of P. Dashna Murthy issued by BBMP Ex.P.2 Birth certificate of plaintiff Ex.P.3 Notarized copy of civil family pension memo belongs to D. Jayaprada W/o late. P. Dashna Murthy Ex.P.4 Notarized copy of pension payment order of P. Dashna Murthy Ex.P.5 Notarized copy of SC/ST issued by the Tahsildar, Bengaluru North Taluk in the name of plaintiff Ex.P.6 Notarized copy of Aadhaar card of plaintiff Ex.P.7 Notarized copy of SSLC marks card of plaintiff Ex.P.8 Notarized copy of TC issued by Principal, North PU college, Kommagondanahalli Ex.P.9 Office copy of notice issued to defendants 1 to 9 under Section 80(2) of CPC Ex.P.10 8 postal receipts for issue of notice to the defendants 1 to 9 through registered post Ex.P.11 7 postal acknowledgments addressed in the name of defendants 2, 3, 5 to 9 Ex.P.12 Letter dated 19.07.2019 issued by defendant No.4 11 O.S.No. 8141/2019
3. WITNESSES EXAMINED FOR THE DEFENDANTS:
Nil
4. DOCUMENTS MARKED FOR THE DEFENDANTS:
Nil (R.Y. Shashidhara) II Addl. City Civil and Sessions Judge, & Spl. Judge, Bangalore.