Bangalore District Court
Sri Manju V vs Commissioner on 3 November, 2018
(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, BENGALURU CITY.
(CCH.NO.12)
PRESENT : SRI R.Y. SHASHIDHARA,
B.Com.,LL.B.,
XVI ADDL. CITY CIVIL AND
SESSIONS JUDGE, BANGALORE CITY.
DATED: 03RD NOVEMBER, 2018
O.S. NO.1719/2018
PLAINTIFF: Sri Manju V.,
S/o P. Venkatesh,
Aged about 25 years,
R/at No.03, 4th Main Road,
16th Cross, S.R. Nagar,
Bengaluru - 560 027.
(By Sri M.G., Advocate)
- Vs -
DEFENDANTS:
1. Commissioner,
Department of Public Instruction,
Nrupathunga Road,
Bengaluru -560 042.
2. Deputy Director of Public Instruction
Department of Public Instruction
Bengaluru North District,
Near to Shikshakara Sadana,
K.G. Road,
Bengaluru -560 002.
3. Sri Vinayaka Education Society,
Bannappa Park,
2 O.S. No.1719/2018
Bannappa Park Road,
Cubbonpete, Nagarathpete,
Bengaluru - 560 002.
Rep. by Head Master.
The Secretary,
4. Karnataka Secondary Education
Examination Board,
Malleshwaram,
Bengaluru - 560 003.
National Collage,
5. Pampa Mahakavi Road,
Basavanagurdi,
Bengaluru -64,
Rep. by Principal
The Commissioner,
6. Department of Pre-University
Education, 18th Cross,
Malleshwaram,
Bengaluru - 560 003.
Sheshadripuram First Grade College,
7. No.27, Nagappa Street,
Sheshadripuram, Near Central,
Bengaluru - 560 020.
Rep. by Principal.
The Registrar,
8. Bengaluru University,
Jnanabharathi,
Mysore Road, Bengaluru.
The Commissioner,
9. Unique Identification Authority
Of India, P.O. Box No.1947,
Khanija Bhavan Building,
Race Curse Road,
Bengaluru - 560 001.
The Commissioner,
10. Election Commission of India,
Sheshadri Road, Bengaluru.
3 O.S. No.1719/2018
(D-1 to 9 : Exparte)
(D-10 by Sri A.V., Advocate)
Date of institution of the suit 03-03-2018
Nature of the suit Declaration and mandatory
injunction.
Date of the commencement 18-09-2018
of recording of the evidence:
Date on which the Judgment 03-11-2018
was pronounced
Total duration Year Month Days
00 08 00
******
JUDGMENT
This suit filed by the plaintiff declaring that his name to be called as Bhairav V. Nandan instead of Manju. V. Mandatory injunction directing the defendants to change the name of the plaintiff from Manju. V to Bhairav V. Nandan in the records issued by them such as marks cards, convocation and identity card etc., Directing the defendants to issue certificates in the name of Bhairav V. Nandan.
2. In the plaint, it is stated that the plaintiff born on 19-04- 1992. At the time of admission of the plaintiff in defendant No.3 school, his name has been registered as Manju. V. He has completed SSLC in the defendant No.3 school during March 4 O.S. No.1719/2018 2008. The defendant No.4 issued SSLC marks card to the plaintiff. It is stated that in the school admission records, admission register, attendance, cumulative records, marks cards, identity cards etc., the name of the plaintiff entered as Manju. V. in the place of Bhairav V. Nandan. The plaintiff got admitted to the defendant No.5 college for PUC and they have issued marks card. He joined the defendant No.7 college for degree course. They issued marks card and convocation certificate. It is stated that the name of the plaintiff entered in the Aadhar card and voters' identity card as Manju. V.
3. It is stated that the plaintiff was faced some difficulties in his life. Hence, he consulted the Astrologer. Said astrologer suggested him to change his name as Bhairav V. Nandan instead of Manju. V. Therefore, the plaintiff is willing to change his name in the school records and documents. On 22-11- 2017, the plaintiff has sworn to an affidavit before Notary for change of his name from Manju. V to Bhairav V. Nandan. He approached the defendants and requested for change of his name in the school records and documents. They advised him to approach the Court of law. On 23-12-2017 the plaintiff got issued legal notice to the defendants to change his name. But 5 O.S. No.1719/2018 the defendants have failed to comply the same. Hence, the plaintiff is constrained to file this suit and prayed for decree.
4. After service of suit summons the defendant No.1 to 9 have not appeared and placed exparte. The defendant No.10 has appeared through his counsel, but he has not filed written statement. Then the case posted for plaintiff's evidence.
5. The plaintiff himself examined as PW.1. Documents got marked Ex.P1 to P29.
6. Heard the arguments.
7. The following points arose for my consideration :-
1. Whether the plaintiff proves that he has changed his name from Manju V., to Bhairav V. Nandan ?
2. Whether the plaintiff is entitled for the relief as prayed for ?
3. What order or decree ?
8. My findings to the above points are as under :-
POINT NO.1 : In the affirmative
POINT NO.2 : In the affirmative
POINT NO.3 : As per final order for the
following
6 O.S. No.1719/2018
REASONS
9. POINT NO. 1 AND 2 :- These two points are inter- connected. Hence, for the purpose of avoiding repeated discussions, I taken up both points together for consideration.
In the plaint, it is stated that the plaintiff born on 19-04- 1992. At the time of admission of the plaintiff in defendant No.3 school, his name has been registered as Manju. V. He completed SSLC in the defendant No.3 school during March 2008. The defendant No.4 issued SSLC marks card to the plaintiff. In the school admission records, admission register, attendance, cumulative records, marks cards, identity cards etc., the name of the plaintiff entered as Manju. V in the place of Bhairav V. Nandan. The plaintiff got admitted to the defendant No.5 college for PUC and they have issued marks card. Thereafter, he joined the defendant No.7 college for degree course. They issued marks card and convocation certificate. His name entered in the Aadhar card issued by the defendant No.9 and voters' identity card issued by the defendant No.10 as Manju. V.
10. It is stated that the plaintiff was faced some difficulties in his life. Hence, he consulted the Astrologer. The said astrologer suggested him to change his name as Bhairav V. 7 O.S. No.1719/2018 Nandan instead of Manju. V. Therefore, the plaintiff is willing to change his name in the school records and documents. On 22-11-2017, the plaintiff has sworn to an affidavit before notary for change of his name from Manju. V to Bhairav V. Nandan. He approached the defendants and requested for change of his name in the school records and documents. They advised him to approach the Court of law and obtain decree. On 23-12-2017 the plaintiff got issued legal notice to the defendants and calling upon him to change his name. The defendants have failed to comply the same. PW.1 in his examination-in-chief reiterated the above averments of the plaint.
11. I have perused the documentary evidence produced by the plaintiff. Ex.P1 is SSLC marks card, Ex.P2 is PUC marks card, Ex.P3 to P12 are B.Sc., marks card belongs to the plaintiff. Ex.P13 is degree certificate, Ex.P14 is Aadhar card and Ex.P-15 is Election I.D. card belongs to the plaintiff. In these documents mentioned the name of the plaintiff as Manju.V.
12. E.P16 is the affidavit sworn by the plaintiff before Notary for change of his name from Manju. V to Bhairav V. Nandan. Ex.P17 is office copy of the notice issued by the plaintiff under 8 O.S. No.1719/2018 Section 80 of CPC to the defendant No.1 to 10 for change of his name. Ex.P18 and 19 are the 10 postal receipts for sending said notice through registered post. Ex.P20 to P25 are six postal acknowledgments. Ex.P26 is endorsement issued by the defendant No.10 to the plaintiff's counsel and stated that he can change his name and other particulars as per Rule 13 of Electoral Registration Rules vide Form No.8. Ex.P27 is the reply dated 02-01-2018 given by the defendant No.9 in respect of changes in Aadhar card. Ex.P28 and 29 are the paper publication got issued by the plaintiff for change of his name from Manju.V to Bhairav V. Nandan in Indian Express English daily and Kannada Prabha Kannada daily dated 24-11- 2017.
13. I have perused the case of the plaintiff with oral and documentry evidence placed by him. As per Ex.P1 to P15 i.e, marks cards, degree certificate, Aadhar card and Election voters I.D. belongs to the plaintiff mentioned that his name as Manju.V. As per Ex.P16 of affidavit, the plaintiff got changed his name from Manju.V to Bhairav V. Nandan, before Notary. As per Ex.P28 and P29 he got published in the news papers for changing of his name. Therefore, I come to the conclusion that the plaintiff has proved that he has changed his name 9 O.S. No.1719/2018 from Manju.V to Bhairav V. Nandan. Hence, I come to the conclusion that he is entitled for the relief of declaration that his name is Bhairav V. Nandan instead of Manju.V. He also entitled for the relief of mandatory injunction directing the defendants to change his name from Manju.V to Bhairav V. Nandan in the records issued by them such as marks cards, convocation and identity card. He also entitled for the relief of directing the defendants to issue certificate in the name of Bhairav V. Nandan. Accordingly, I come to the conclusion that the suit of the plaintiff is liable to be decreed. I am of the opinion that if the decree passed by this court as prayed by the plaintiff, it will not affected to the defendants and public at large. Hence, I answer the point No.1 and 2 in the affirmative.
14. POINT NO. 3:- In view of my findings on the above point No.1 and 2, I proceed to pass the following :-
ORDER The suit of the plaintiff is decreed.
It is declared that the name of the plaintiff as Bhairav V. Nandan instead of Manju.V. It is directed the defendants to change the name of the plaintiff from Manju. V to Bhairav V. Nandan in the records issued by them, such as, marks cards, convocation and identity card etc., 10 O.S. No.1719/2018 It is also directed the defendants to issue certificate in the name of Bhairav V. Nandan.
No 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 3rd day of November, 2018).Digitally signed by RACHENAHALLI Y SHASHIDHARA
RACHENAHALLI Y SHASHIDHARA DN: cn=RACHENAHALLI Y SHASHIDHARA,ou=HIGH COURT OF KARNATAKA,o=GOVERNMENT OF KARNATAKA,st=Karnataka,c=IN Date: 2018.11.05 16:41:21 IST (R.Y. SHASHIDHARA) XVI ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU.11 O.S. No.1719/2018
ANNEXURE LIST OF WITNESSES EXAMINED FOR PLAINTIFF:-
PW.1 Manju V LIST OF DOCUMENTS MARKED FOR PLAINTIFF:-
Ex.P-1 SSLC marks card of the plaintiff Ex.P-2 PUC marks card of the plaintiff Ex.P-3 to 12 BSc., marks card to the plaintiff (10 nos.) Ex.P-13 Degree certificate of the plaintiff Ex.P-14 Aadhar card of the plaintiff Ex.P-15 Voter I.D. card of the plaintiff Ex.P-16 Affidavit dated 22-12-2017 Ex.P-17 Office copy of the notice issued under Section 80 of CPC Ex.P-18 5 postal receipts Ex.P-19 5 postal receipts Ex.P-20 to 25 6 postal acknowledgments.
Ex.P-26 Endorsement dated 10-01-2018
Ex.P-27 Reply dated 02-01-2018
Ex.P-28 Paper publication in Indian Express English
daily dt: 24-11-2017
Ex.P-29 Paper publication in Kannada Prabha
Kannada daily dt: 24-11-2017
LIST OF WITNESSES EXAMINED FOR DEFENDANTS:-
- NIL -
LIST OF DOCUMENTS MARKED FOR DEFENDANTS:-
- NIL -
(R.Y. SHASHIDHARA) XVI ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU.12 O.S. No.1719/2018
ORDER The suit of the plaintiff is decreed.
It is declared that the name of the plaintiff as Bhairav V. Nandan instead of Manju.V. It is directed the defendants to change the name of the plaintiff from Manju. V to Bhairav V. Nandan in the records issued by them, such as, marks cards, convocation and identity card etc., It is also directed the defendants to issue certificate in the name of Bhairav V. Nandan.
No costs.
Draw decree accordingly.
(Vide separate Judgment) (R.Y. SHASHIDHARA) XVI ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU.