Bangalore District Court
Ramu T vs The State Of Karnataka on 2 July, 2024
KABC010056572024
TITLE SHEET FOR JUDGMENTS IN SUITS
IN THE COURT OF V ADDL.CITY CIVIL COURT
AT BENGALURU
(CCH.No.13)
Present: Sri. ONKARAPPA.R, B.Sc., LL.B.
V ADDL.CITY CIVIL & SESSIONS JUDGE,
BENGALURU
Dated this the 2nd day of July, 2024
O.S.No.1596/2024
PLAINTIFF:- :Mr. Ramu.T
S/o Thippeswamy,
Aged about 29 years,
R/at No.167, 5th Cross,
2nd stage, Ashraya Layout,
Doddanakundi,
Bengaluru.
(By Sri.VKB, Advocate)
-Versus-
DEFENDANTS:- : 1. State of Karnataka,
Rep. by its Chief Secretary,
Government of Karnataka,
Vidhana Soudha,
Bengaluru.
2. The Secretary,
Karnataka Secondary
Education Examination Board,
6th cross, Malleshwaram,
Bengaluru.
3. The Director,
By its Secretary,
Department of Pre
University Education,
Sampige Road, 18th Cross
Road, Malleshwaram,
Bengaluru.
4. The Vice Chancellor,
Jnana Sangama,
VTU Main Road,
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O.S.No.1596/2024
Visvesvaraya Technological
University, Machhe,
Belagavi.
5. The Head Master,
Sarkari Kiriya Patashale,
Mallenu, Maskal Post,
Hiriyur Taluk,
Chitradurga District.
6. The Head Master,
Sarkari Hiriya Patashale,
Mallenu, Maskal Post,
Hiriyur Taluk,
Chitradurga District.
7. The Head Master,
Swabimana Residential
High School,
Dharmapura,
Hiriyur Taluk,
Chitradurga District.
8. The Principal,
Sree Sharadamba
Independent PU College,
3rd Cross Street,
5th Cross, Road,
Ashok Nagar,
Tumkur.
9. The Principal,
Government Junior
College, WJV9+59G,
NH4, Near Government
Hospital, Hiriyur.
10. The Principal,
Dr. Sri Sri Sri Shivakumara
Mahaswamy College of
Engineering, Byranayakana
Halli, Thymagondlu Hobli,
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O.S.No.1596/2024
Nelamangala Taluk.
11. The Authorized Signatory
Anganawadi Kendra,
Kaparahalli, Challakere Taluk,
Chitradurga District.
(D.1, 2, 5, 6, 9- II ADGP
D.3,4,7,8,10, 11- Ex-parte)
Date of institution of the Suit : 01/03/2024
Declaration & Mandatory
Nature of the Suit :
injunction.
Date of commencement of recording of 13/06/2024
:
evidence
Date on which the Judgment was 02/07/2024
:
pronounced
Total Duration Year Months Days
:
00 04 01
[ ONKARAPPA.R ]
V ADDL.CITY CIVIL & SESSIONS JUDGE
BENGALURU
-: J U D G M E N T :-
The plaintiff has filed the suit for relief of declaration of his
name. Further consequential relief of mandatory injunction in
against the defendants to change the name of the plaintiff in all
his educational records as Ramu.T instead of Ramanna.T.
4
O.S.No.1596/2024
2. Brief facts are as under:-
That, the plaintiff born on 14/04/1994 at Kapparahalli and
named Babu as per his birth certificate. Thereafter he was
referred to as Ramanna.T during his schooling/college at
defendant No.4 to 10. The plaintiff being a pious person was
likely curious about exploring different facets of his life and
seeking guidance from various sources including astrology.
During such consultation the astrologer after analyzing his birth
chart he suggested to change his name from Ramanna.T to
Ramu.T for positive changes in his life. The name Ramu.T have
been chosen by the astrologer based on his astrological chart.
After receiving the astrologer's advice and for his better future
considering his religious beliefs, family traditions the plaintiff
decided to go ahead with his new name Ramu.T. Now the
plaintiff officially decided to change his name from Ramanna.T to
Ramu.T. The plaintiff is now known with his new name Ramu.T
by his friends, family and general public. In this regard the
plaintiff got issued legal notice dated 28/11/2023 requesting all
the defendants to change his name to Ramu.T. Despite receipt of
the notice the defendants fail to complied his request. The
plaintiff also issued an affidavit in this regard along with paper
publication in Indian Express and Kannada Prabha news papers
on 25/07/2023. The plaintiff has also notarized the
aforementioned affidavit for name change and published the
same in the official gazette dated 28/04/2020 and was intimated
regarding the publication on 28/04/2020. As such cause of action
5
O.S.No.1596/2024
to file the above suit aroused to the plaintiff The plaintiff valued the
suit as per the law for the purpose of court fee and jurisdiction.
Paid court fee is sufficient. Hence, the plaintiff sought for
decreed the suit.
3. Suit summons served on defendant No.3,4,7,8,10 and
11. But defendant No. 3,4,7,8,10 and 11 remained absent at
before the court. Hence, they were placed ex-parte vide order
sheet dated 18/03/2024 respectively. Defendant No.1, 2, 5, 6
and 9 have appeared at before the court through learned II
ADGP in response to suit summons. Defendant No.1, 2, 5, 6 and
9 have chosen to filed the written statement. Wherein the written
statement they contended, suit of the plaintiff is not maintainable
either in law or on facts of the case. The allegations made
against the defendants authority are all false and denied, the
plaintiffs be put to strict proof of the same. As per the circular
issued by the Commissioner of the Education Department, there
is no provision to change the name of the plaintiff in his school
records. The suit is barred by limitation as the suit is filed by the
plaintiff after a lapse of considerable time. The averments made
in para No.3 to 11 are all false and denied by the defendants.
There is no case of action for the suit and alleged cause of action
is imaginary. On these grounds prayed for dismissal of the suit
with costs.
4. On the basis of the above narrated pleadings this
court has framed the issues as follow:
6
O.S.No.1596/2024
1. Whether the plaintiff prove
that his correct name is
'Ramu.T' and not as 'Ramanna.T'
?
2. Whether the plaintiff is
entitled for the relief of
declaration and mandatory
injunction as sought for ?
3. Whether the plaintiff is
entitled for suit reliefs as
sought for ?
4. What order or decree?
5. As to prove the plaintiff's case, he himself examined
as PW-1 and she got marked the documents at Ex.P.1 to P.11.
On the other hand neither of the defendants led any evidence on
their behalf.
6. Heard the argument on both sides. The learned counsel
for the plaintiff has also filed his written argument. Perused the
material on record.
7. My findings on the above issues are as under:-
Issue No.1: In the affirmative
Issue No.2: In the affirmative
Issue No.3: In the affirmative
Issue No.4: As per final order for the
following:
7
O.S.No.1596/2024
-: R E A S O N S :-
8. Issue Nos.1 and 2:- The Issue No.1 and 2 are
overlapping with the each. Hence Issue No.1 and 2 that I have
taken for my common discussion to avoid repetition of the facts.
9. As per the plaintiff, at Ex.P.8 birth certificate the
plaintiff's name it mentioned as Babu. Whereas at Ex.P.9 SSLC
marks card, Ex.P.11 PUC marks card and Ex.P.11 B.E. certificate
it mentioned the name of the plaintiff as Ramanna.T. But now
the plaintiff wish to change his name as Ramu.T instead of
Ramanna.T according to the advice of his astrologer. Also case
of the plaintiff, if he changes his name as per his birth chart it will
bring positive changes in his life. But his parents without know
the effect of horoscope, parents of the plaintiff gave instruction to
the defendants to mentioned the name of plaintiff as Ramanna.T
instead of Ramu.T when at the time of admitted by the plaintiff to
the school. As to effected the proposal of name change of the
plaintiff at his belongings educational records the plaintiff has
sworn Ex.P.6 affidavit and also published the same his wishes at
in Ex.P.7 gazette notification as well as too have also been
published at in two daily news papers i.e. Kannada Prabha and
Indian Express on 25/07/2023 at Ex.P.4, P.4(a) and P.5, P.5(a) to
know by the general public. Further to effect such of the
proposal to change the name of plaintiff, the plaintiff have issued
Ex.P.1 legal notice to the defendants and demanded all the
defendants to cause change of his name. The same such legal
8
O.S.No.1596/2024
notice have duly served on the defendants at Ex.P.2 postal
receipts and Ex.P.3 postal acknowledgments. In despite service
of Ex.P.1 legal notice on all the defendants, no one of the
defendants take care in against the request of plaintiff. Hence,
cause of action to the present suit aroused the plaintiff. It
pertinent to note that, the case theory of the plaintiff herein
remains as unchallenged as since none of the defendants have
not chosen to cross-examined the P.W.1. On the other hand to
uphold the theory of the defendants case no material available on
case record other than the written statement. It also pertinent to
note the present case of the plaintiff is only with respect to
change of his name on the basis of astrological and
numerological and has no case of the plaintiff as to either
changed his caste or religion. Accordingly, the plaintiff's cardinal
case that he proposed to change his name from Ramanna.T to
Ramu.T on the basis of birth chart herein remains as unshaken.
Only the claim of the plaintiff herein on the advice of his
astrologer for positive changes in his life and for academic
records he propose to change his name from Ramanna.T to
Ramu.T. As the plaintiff successfully proved to entitled the relief
of declaration as to his status the other consequential relief
sought in the plaint have also been herein warranted. On the
other hand the apprehension of the defendants that it requires
laborious work and caused expenses may be compensated by
collecting suitable fee. Alone that ground the claim of the plaintiff
cannot be denied.
9
O.S.No.1596/2024
10. It is not in dispute that plaintiff is not a government
servant. Though the plaintiff fail to produce Kundali or report of
Astrologer, the anxiety and hastiness of the plaintiff to make
change his name is here evident that the plaintiff required to
change of his name from 'Ramanna.T' to 'Ramu.T'. Further,
the law settled by the Hon'ble High Court of Karnataka with
respect to faith and honour Astrological advise to the parties in an
judgment observed in RFA No.322/2013 dated 10/12/2013
(Gunda Naika.P.S Vs. The State of Karnataka) that there is no
impediment to pass the decree in favour of the plaintiff stating
that, the efficacy of the astrological advice cannot be tested in
the courts of law.
11. So, in the circumstances of the case, the name of the
plaintiff has to be changed by the defendants as 'Ramu.T'
instead of 'Ramanna.T'. This view has also been supported by
the judgment of our Hon'ble High Court passed in RFA
No.284/2014 (DEC) dated 02/09/2016. Therefore, having regard
to facts and circumstances of the cases, I am of the opinion that
the plaintiff is entitled for the relief of declaration and mandatory
Injunction as observed supra. Hence, I answer Issue No.1 and
2 are in the affirmative.
12. Issue No.3:- In view of the above all discussion, the
suit of the plaintiff deserves to be allowed. Hence, I answer Issue
No.3 in the affirmative.
10
O.S.No.1596/2024
13. Issue No.4 :- For the foregoing reasons, I proceed to
pass the following;
ORDER
The suit of the plaintiff hereby decreed.
That hereby declared the name of the plaintiff Ramu.T instead of Ramanna.T. The defendants are hereby directed to change the name of the plaintiff as Ramu.T in the place of Ramanna.T, in all his educational records accordingly, after collected an required fee.
There shall be no order as to costs.
Draw decree accordingly.
(Dictated to the Stenographer directly on computer, typed by her, corrected and signed by me and pronounced in the open Court this the 2nd day of July, 2024) [ ONKARAPPA.R ] V ADDL.CITY CIVIL & SESSIONS JUDGE BENGALURU ANNEXURE List of witnesses examined on behalf of Plaintiff :
PW.1 Ramu.T List of witnesses examined on behalf of Defendants:
- Nil -11
O.S.No.1596/2024 List of documents marked on behalf of Plaintiff:
Ex.P1 Legal notice Ex.P2 Postal receipts Ex.P3 Postal acknowledgments Ex.P4 Kannada prabha daily newspaper Ex.P4(a) Relevant portion marked Ex.P5 English news paper Ex.P5(a) Relevant portion marked Ex.P6 Affidavit Ex.P7 Certified copy of gazette notification Ex.P8 Certified copy of birth certificate Ex.P9 Certified copy of SSLC marks card Ex.P10 Certified copy of PUC marks card Ex.P11 Certified copy of Engineering certificate
List of documents marked on behalf of Defendants:
- Nil -
[ ONKARAPPA.R ] V ADDL.CITY CIVIL & SESSIONS JUDGE BENGALURU 12 O.S.No.1596/2024 Operative portion of the judgment pronounced in open court vide separate judgment:-
ORDER The suit of the plaintiff hereby decreed. That hereby declared the name of the plaintiff Ramu.T instead of Ramanna.T. The defendants are hereby directed to change the name of the plaintiff as Ramu.T in the place of Ramanna.T, in all his educational records accordingly, after collected an required fee.
There shall be no order as to costs.
Draw decree accordingly.
[ ONKARAPPA.R ] V ADDL.CITY CIVIL & SESSIONS JUDGE BENGALURU 13 O.S.No.1596/2024 14 O.S.No.1596/2024