Bangalore District Court
Sri Yallappa Basanal vs The State Of Karnataka on 19 September, 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 19th day of September, 2022.
PRESENT:
Smt. Jyothsna. D., LL.B.,LL.M.,
XVI Addl. City Civil & Sessions Judge,
Bengaluru.
ORIGINAL SUIT No.2287/2021
PLAINTIFFS: Sri Yallappa Basanal,
(now being known and called as
Vijayasurya Shrimant Basanal)
Aged about 33 years,
S/o Sri. Shrimant Basanal,
Presently residing at No.126,
2nd Cross, Gurusourvabamanagar,
Nayandahalli, Mysore Road,
Bengaluru - 560 039.
(By Sri.K. Chethan Kumar.- Advocate)
-VERSUS-
DEFENDANTS: 1. The State of Karnataka,
Represented by its Secretary,
Department of Primary and Secondary
Education, M.S.Building,
Bengaluru-560 001.
2. The Secretary,
Pre-University Board,
Malleswaram, Bengaluru.
3. The Commissioner for Public
Instructions, Malleswaram,
Bengaluru.
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O.S. No.2287/2021
4. The Secretary,
Karnataka Secondary Education
Examination Board,
Malleswaram, 4th cross,
Bengaluru -560 003.
5. The Deputy Director of
Public Instructions,
Bangalore South,
Kalasipalayam, Bengaluru.
6. SKBU Society SKBS BCA College,
Mahaveer College,
Siddeshwar Nagar, Athani Road City,
Bijapur District -586 102.
7. Karnataka University of Dharwad,
Pavate Nagar,
Dharwad - 580 003, Karnataka.
8. New Horizon College of Engineering,
Outer Ring Road, Marathahalli,
Bengalur - 560 103.
9. Visvesvaraya Technological University,
VTU Campus, Machhe,
Belgaum - 590 018, Karnataka.
(The Defendant Nos.3 to 5 are treated as
Defendant Nos.1 to 3 as per Order dated
22.07.2021)
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Date of Institution of the Suit : 01.04.2021
Nature of the Suit (Suit on : Declaration & Injunction
pronote, Suit for declaration
and possession, Suit for injun-
ction etc,)
Date of the commencement : 30.07.2022
of recording of the evidence
Date on which the Judgment : 19.09.2022
was pronounced
Cont'd..
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O.S. No.2287/2021
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Year/s Month/s Day/s
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Total duration : 01 year, 05 months, 18 days
(JYOTHSNA. D)
XVI Addl. City Civil & Sessions Judge,
Bengaluru.
JUDGMENT
Plaintiff has filed this suit against the defendants for seeking declaratory decree to declare that the name of the Plaintiff is 'Vijayasurya Shrimant Basanal' in the place of ''Yallappa Basanal", and also sought for mandatory injunction.
2. The nutshell case of the plaintiffs is that- The Plaintiff who was born in Gulbarga district, is the son of Sri. Srimant and Smt. Droupati. The name of the plaintiff was originally known and called as 'Yallappa Basanal'. Later, on the advice of the astrologers, elders, well-wishers and for numerological reasons, the plaintiff and his parents thought it fit to change the name of the plaintiff as 'Vijayasurya Shrimant Basanal' and thus, the plaintiff is now being called and known as Cont'd..
4
O.S. No.2287/2021 'Vijayasurya Shrimant Basanal' in the family and outside as well. But, the fact remains that, the maiden name as 'Yallappa Basanal' is recorded and found in the school entries, college entries and in the University and also in the SSLC marks Card, PU Marks Card, BCA and MCA Marks Cards. Therefore, in order to overcome the confusion and in order to see that he is known and called as 'Vijayasurya Shrimant Basanal' , it is necessary to incorporate the said name in his school, college and university records. Further, the Plaintiff has pleaded that when the plaintiff approached the defendants in the month of March 2021, to get the name changed from 'Yallappa Basanal' to 'Vijayasurya Shrimant Basanal', but they refused to correct the same. Hence, this suit.
3. In spite of service of suit summons, the defendants remained absent and placed exparte.
4. On the basis of the above pleadings, the following points arise for my consideration :-
1. Whether the Plaintiff prove that his correct name is 'Vijayasurya Shrimant Basanal ?
Cont'd..
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O.S. No.2287/2021
2. Whether the Plaintiff proves that his name entered in the school records as 'Yallappa Basanal' instead of 'Vijayasurya Shrimant Basanalೆ ?
3. Whether the Plaintiff is entitled to the relief sought for ?
4. What Order or decree ?
5. In order to prove the suit of the plaintiff, the Plaintiff got himself examined as PW.1 and got marked as Ex.P.1 to P.28.
6. On the other hand, the Defendants neither appeared before the court nor adduced any oral/documentary evidence.
7. Heard the arguments and perused the materials placed on record.
8. My findings on the above issues are as follows:
Point No.1 - Affirmative; Point No.2 - Affirmative; Point No.3 - Partly Affirmative; Point No.4 - As per final order, for the following -
REASONS
9. Point Nos.1 & 2 :- According to the Plaintiff he was born in Gulbarga to Smt. Droupati and Sri. Cont'd..
6
O.S. No.2287/2021 Srimant and presently he is residing at No.30, 2 nd floor, Thulasi Nilaya, 4th main, 3rd Cross, Patel Venkataswamy Road, Subbaiahanapalya, MS Nagar Post, Bengaluru
-560 033. He was originally called and known as 'Yallappa Basanal'. His name mentioned in the educational records as "Yallappa Basanal" as, at the time of admission to the school, his name was registered as 'Yallappa Basanal'. Later, on the advice of astrologers, elders, well-wishers and for numerological reasons, himself and his parents thought it fit to change his name as 'Vijayasurya Shrimant Basanal' and thus, he is now being known and called as 'Vijayasurya Shrimant Basanal' in the family and outside. But, his maiden name 'Yallappa Basanal' is recorded and found in his SSLC, PUC, BCA and MCA Marks Cards and in order to overcome the confusion and in order to see that he is known and called as 'Vijayasurya Shrimant Basanal', it is necessary to incorporate the same in his school, college and university records. It is further case of the plaintiff that he has done his BCA from SKBU Society SKS BCA College Mahaveer College under Karnataka University, Cont'd..
7
O.S. No.2287/2021 Dharwad and MCA from New Horizon College of Engineering under Visveswaraya Technological University. When he approached the educational authorities for change of his name from 'Yallappa Basanal' to 'Vijayasurya Shrimant Basanal' , they refused to make the said change in his educational records.
10. The Plaintiff has produced number of documents. Those are SSLC Marks Card, PUC Marks Card, BCA Marks Cards, MCA Marks Cards and those are marked as Ex.P.1 to Ex.P.21. Further, Plaintiff has produced Pan Card of the Plaintiff, Aadhar card of the plaintiff and those are marked as Exs.P.22 to Ex.P.23. Exs.P.24 & Ex.P.25 are the Rental Agreements to show the residential address of the plaintiff. Further, the plaintiff has produced the copies of the daily 'The New Indian Express' and 'Kannada Prabha' news papers dated 01.08.2022 at Ex.P.26 & Ex.P.27 wherein Plaintiff has published about changing his name as 'Vijayasurya Shrimant Basanal' in place of 'Yallappa Basanal'. He has also produced the Affidavit Cont'd..
8
O.S. No.2287/2021 at Ex.P.28 for change of his name as 'Vijayasurya Shrimant Basanal' in place of 'Yallappa Basanal'.
11. Whereas, in the evidence of PW.1, he has reiterated the plaint averments. The defendants neither appeared nor contested the suit of the Plaintiff and they are placed exparte. Hence, considering the facts and circumstances of the case and considering no contra evidence by the defendants, Plaintiff has proved that as per the advise of the Astrologer, his name needs to be changed as 'Vijayasurya Shrimant Basanal' in place of 'Yallappa Basanal', according to her horoscope. Hence, I answer Point Nos.1 & 2 in the 'Affirmative'.
12. Point No.3 : Now, the question arise before the Court whether the Plaintiff can seek change of her name from 'Yallappa Basanal' to ''Vijayasurya Shrimant Basanal'. Admittedly Plaintiff has sought for declaration to declare that his name is 'Vijayasurya Shrimant Basanal' in place of 'Yallappa Basanal'. The nature of relief of declaration is enforcement of his civil right. Since the Plaintiff is a Hindu governed under Hindu Law and he is following Cont'd..
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O.S. No.2287/2021 the Astrologer's words, under such circumstances, whether Plaintiff can seek change of his name as a civil right is to be looked into. In this aspect, I would like to refer the the decision reported in 2010(3) KCCR 2219 (S. Mohammed Tanveer and another V/s. The Commissioner, Bruhat Bangalore Mahanagara Palike, Bangalore and Others).
"CONSTITUTION OF INDIA - Articles 226 & 227 - Writ petition -Correction in names in the birth certificate - Application made by the petitioner to the authorities for rectification of names - Authorities issued endorsement stating corrections cannot be made since the entry has been made at the first instance at the request of the petitioners - Held, Documentary evidence available on record clearly indicate the name of mother and father, but the same have been wrongly indicated in birth certificate - Authorities not justified in issuing the endorsement as correction cannot be made - To issue appropriate extract".
13. Relating to same proposition of law Hon'ble High Court of Karnataka in the decision reported in 1996(7) KLJ 818 (State of Karnataka V/s. Varadashankar Chinnappa Jawalagi). Wherein lordship has observed as follows:
"if the suit is for enforcement of Civil right accrued to person - jurisdiction of Civil court to entertain such suit - not barred."
Cont'd..
10
O.S. No.2287/2021 Hence, in view of the observation of the Hon'ble High Court and considering the oral and documentary evidence and no contra evidence by the defendants, I am of the considered opinion that there is no bar to seek change of name of the Plaintiff as 'Vijayasurya Shrimant Basanal' in place of 'Yallappa Basanal' on the basis of his horoscope as per the advise of the Astrologers.
14. The Plaintiff has proved that although his name is mentioned in his educational records as 'Yallappa Basanal', but as per his horoscope and advise of the Astrologers, his name is to be corrected as 'Vijayasurya Shrimant Basanal' in place of 'Yallappa Basanal.' When the name 'Vijayasurya Shrimant Basanal' is suitable to his horoscope, if the earlier name is continued in his educational records, definitely it will cause more inconvenience and injustice will be caused to the Plaintiff. When there is no bar to seek change of name as per their convenience on the basis of the horoscope, there is no bar to declare the name of the Plaintiff as 'Vijayasurya Shrimant Basanal' in place of Cont'd..
11
O.S. No.2287/2021 'Yallappa Basanal', in view of the observation of the Hon'ble High Court of Karnataka in the above said decisions. Here, it is necessary to note that the plaintiff on 05.04.2021 had filed IA No.1 for dispensation of the notice to the defendants under Sec.80(2) of CPC and the said application was allowed. Hence, suit of the Plaintiff is maintainable for the relief of declaration and therefore, I am of the considered opinion that the Plaintiff is entitled for the relief of declaration as sought for.
15. It is true plaintiff has sought to give directions to the defendants to make necessary corrections in all the educational records of the plaintiff. When once the court has declared that the name of the plaintiff is ''Vijayasurya Shrimant Basanal', it is bounden duty of the concerned officers and school/college/university authorities to make necessary corrections in all the educational records of the plaintiff, there is no need to give directions to the school authorities to make necessary corrections by way of mandatory injunction separately. If the plaintiff files necessary application for Cont'd..
12
O.S. No.2287/2021 corrections in view of the judgment passed in the above suit, the concerned authorities shall make necessary corrections and it will not cause any inconvenience or injustice to the plaintiff. Hence, I answer Point No.3 'Partly in the Affirmative'.
16. Point No.4: For the foregoing reasons and discussions and considering the findings on the above points, suit of the plaintiff is deserved to be decreed partly without costs under the above circumstances. Accordingly I proceed to pass the following:
ORDER The suit of the plaintiff is hereby decreed partly.
It is hereby declared that the name of the plaintiff is 'Vijayasurya Shrimant Basanal' in place of 'Yallappa Basanal'.
No order as to costs.
Draw decree accordingly.
(Dictated to Judgment Writer on Computer, typed by her, revised by me and after corrections, pronounced in open Court on this the 19th day of September, 2022.) (JYOTHSNA. D) XVI Addl. City Civil & Sessions Judge, Bengaluru.
Cont'd..13
O.S. No.2287/2021 ANNEXURE
1. WITNESS EXAMINED FOR THE PLAINTIFF:
P.W.1 : Sri. Yallappa Basanal.
2. DOCUMENT/S MARKED ON BEHALF OF PLAINTIFF:
Ex.P.1 : Certified Copy of SSLC Marks Card of the Plaintiff Ex.P.2 : Certified Copy of PUC Marks Card of the Plaintiff Ex.P.3 : Certified copies of the BCA Marks Cards of to P.9 the Plaintiff Ex.P.10 : Certified Copies of MCA Marks Cards of to P.21 the Plaintiff.1 Ex.P.22 : Pan Card of the plaintiff Ex.P.23 : Aadhar Card of the Plaintiff Ex.P.24 : Rental Agreements Ex.P.25 : Rental Agreement Ex.P.26 Publication issued in The New Indian Express English Daily Newspaper dated 01.08.2022 Ex.P.27 : Publication issued in Kannada Prabha Kannada Daily Newspaper dated 01.08.2022 Ex.P.28 : Affidavit for change of name of the plaintiff
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..14
O.S. No.2287/2021 19.09.2022 Judgment pronounced in open Court vide separate detailed order. The operative portion is as hereunder:
ORDER The suit of the plaintiff is hereby decreed partly.
It is hereby declared that
the name of the plaintiff is
'Vijayasurya Shrimant
Basanal' in place of 'Yallappa
Basanal'.
No order as to costs.
Draw decree accordingly.
XVI Addl. City Civil & Sessions Judge, Bengaluru.
Cont'd..