Bangalore District Court
) Ghanananda K.S vs ) State Of Karnataka on 11 February, 2015
1
O.S. No.4154/2012 .
Form No.9 IN THE COURT OF THE XXVII ADDL.CITY CIVIL JUDGE,
(Civil)
Title sheet BANGALORE
for
J
Dated this the 29th day of June 2013
Present:- Sri Sudheer H. Koraddi, B.Sc., LL.B.,(Spl)
XXVII Addl.City Civil Judge, Bangalore
O.S.No. 4154/2012
Plaintiffs 1) Ghanananda K.S.
S/o Shivashekarappa K.S,
Aged about 22 years
Residing at No.B-2,
Berlie Street Police Quarters,
Shanthinagar, Near Nanjappa Circle,
Bangalore 560 025.
By Sri. S.Nagabhushana, Advocate
/Vs/
Defendants 1) State of Karnataka,
Represented by Chief Secretary,
Education Department,
Vidhana Soudha,
Bangalore.
2) The Karnataka Secondary
Education Examination Board,
(SSLC Board), Malleshwaram,
Bangalore-560 003,
Rep by its Director
3) The Department of Pre-University Education,
S.C.Road, Near Maharani College,
Bangalore
Rep by its Director
2
O.S. No.4154/2012 .
4) The Visvesvaraya Technological University,
Belgaum,
Rep by its Director.
By District Government Pleader
Date of Institution of the suit 13.06.2012
Nature of the suit Declaration and
injunction
Date of commencement of
Recording of the evidence 10-01-2013
Date on which the judgement
Was pronounced 29-06-2013
Total duration Day/s Month/ Year/s
s
16 00 01
(Sudheer H. Koraddi),
XXVII Addl.City Civil Judge, Bangalore
JUDGEMENT
This suit is filed by the plaintiff against defendants 1 to 4 for declaration of change of his name from Ghanananda K.S to Santhosh Shankar Ganananda.
2. In the plaint it is contended that, plaintiff Ghanananda has completed his secondary education in St.Joseph Indian High School in 2005 and completed his Pre-university education in Vijaya Composite PU college in 2007. Thereafter, he has completed his engineering course in 3 O.S. No.4154/2012 .
information science in Visvesvaraya Technological University in 2011. However, the astrologer has advised him to change his name as Santhosh Shankar Ganananda for better future and when he asked the defendants for change of his name, they advised to obtain the decree from competent court and therefore, he has issued legal notice on 25.1.2012 to the defendants as required under section 80 CPC. Although the notice served upon the defendants they have not changed the name and after 60 days he has filed the suit and prayed to decree the suit.
3. After institution of the suit, suit summons have been served upon the defendants and defendants have put their appearance through Additional District Government Pleader but fail to file the written statement, inspite of sufficient opportunities has given to them. Further the plaintiff got amended the plaint for a direction to the defendants for change of his name in the records. 4
O.S. No.4154/2012 .
4. Plaintiff is examined as P.W.1 and the documents at Ex.P1 to P21 have been marked.
5. I have heard the arguments and perused the records.
6. Now the points those arise for my consideration are as under:
1. Whether plaintiff proves that his name is Ghanananda K.S. and that he has been advised by the astrologer to change the name as Santhosh Shankar Ganananda for better future?
2. What order?
7. My answers to the above points are as under:
Point No.1: Affirmative Point No.2: As per final order.
REASONS
8. Point No.1: It is the case of the plaintiff that his name is Ghanananda K.S. and astrologer has advised him to change his name as Santhosh Shankar Ganananda for better future and when he asked the defendants to change the name 5 O.S. No.4154/2012 .
he was advised to approach the court and thereafter he had issued legal notice on 25.1.2012 under section 80 CPC to the defendants and waited for 60 days but the defendants did not change his name and he was constrained to file this suit. In his evidence plaintiff P.W.1 Ghanananda K.S. has stated that he has completed secondary education from St.Joseph Indian High School in 2005 and thereafter completed PUC in Vijaya Composite PU College in 2007 and thereafter he has completed engineering course in Information science from Visvesvaraya Technology University in 2011. Further he has stated as per the advise of the astrologer he intended to change his name as Santhosh Shankar Ganananda and requested the defendants but in vain. Further on 25.1.2012 issued notice to the defendants under section 80 CPC and waited for 60 days then filed this suit.
9. He has produced Ex.P1 to P10 marks cards. Ex.P11 legal notice, Ex.P12 postal receipts and Ex.P13 and P14 postal acknowledgements, Ex.P15 endorsement of 6 O.S. No.4154/2012 .
defendant No.3, Ex.P16 letter of defendant No.4, Ex.P17 letter written to postal department, Ex.P18 and P19 letters of Postal Department for having delivered the notice to the defendants. Ex.P20 affidavit and Ex.P21 paper publication also shows the efforts and intention of the plaintiff in changing his name. It is needless to say that, the one who intends to change the name on the advice of astrologer is at liberty to change it for his better future and the suit is also maintainable in law.
10. The above said marks cards shows the name of plaintiff as Ghanananda K.S. in all the school and college records. The legal notice at Ex.P11 shows the efforts of the plaintiff in requesting the defendants for change of his name in the concerned records as Santhosh Shankar Ganananda. The notices served upon the defendants and the endorsement at Ex.P15 letter at Ex.P16 shows that plaintiff has directed to approach the court and to obtain a decree. Thus the filing of the suit by the plaintiff on the basis of said cause of action is proper one and mere non-mentioning of name of astrologer in 7 O.S. No.4154/2012 .
the legal notice cannot take away his right to change his name. Therefore, I don't find any reason to disbelieve above evidence of plaintiff, which is supported by the documents. Accordingly, I answer this point No.1 in the affirmative.
11. Point No.2: From the discussions made in the above point is very much clear that, this suit is fit to be decreed. In the result I pass the following:
ORDER The suit of the plaintiff is decreed and plaintiff is permitted to change his name as Santhosh Shankar Ganananda and defendants are directed to change his name accordingly in the concerned records by collecting necessary late fees under law.
Draw decree accordingly.
*** (Dictated to the Typist in the Open Court, is corrected and then pronounced by me in the open court on this the 29th day of June 2013) 8 O.S. No.4154/2012 .
[Sudheer H. Koraddi], XXVII Addl. City Civil Judge, Bangalore ANNEXURE List of the witnesses examined for the plaintiff P.W.1 Ghananda .K.S. List of the documents marked for the plaintiff Ex.P 1 Academic records of PW.1 i.e., marks to cards commencing SSLC to B.E. Degree Ex.P 10 Ex.P 11 Office copy of the notice issued to the defendants Ex.P 12 4 postal receipts Ex.P and 13 2 postal acknowledgements Ex.P 14 Ex.P and 15 2 replies Ex.P 16 Ex.P 17 Office copy of the complaint submitted to the post office Ex.P and 18 Replies given to the postal authorities Ex.P 19 List of the witnesses examined for the defendants:
D.W.1 NIL 9 O.S. No.4154/2012 .
List of the documents marked for the defendants:
Ex.D 1 NIL
[Sudheer H. Koraddi],
XXVII Addl. City Civil Judge,
Bangalore
10
O.S. No.4154/2012 .
Judgment pronounced in the open court (Vide separate detailed judgment) The suit of the plaintiff is decreed and plaintiff is permitted to change his name as Santhosh Shankar Ganananda and defendants are directed to change his name accordingly in the concerned records by collecting necessary late fees under law.
Draw decree accordingly.
(Sudheer H. Koraddi), XXVII Addl.City Civil Judge, Bangalore 11 O.S. No.4154/2012 .