Bangalore District Court
Sri. D.S. Nithin Shetty vs ) The Chief Secretary on 15 February, 2020
1
O.S. No.2623/2018
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 15h DAY OF FEBRUARY 2020
PRESENT : SRI. R.Y. SHASHIDHARA, B.Com., LL.B,
II Addl. City Civil & Sessions Judge, Bengaluru
O.S.No.2623/2018
Plaintiff: Sri. D.S. Nithin Shetty
(earlier named as S. Manjunatha)
S/o Sri. Sreenivasa,
Aged about 25 years,
Residing at No.940,
Shanimahathma Temple Road,
Near Priyadarshini Park,
Vijayananda Nagar, Nandini Layout,
Bengaluru - 560 096.
(By Sri AAC, Advocate)
Vs.
Defendants:- 1) The Chief Secretary,
Government of Karnataka
Ambedkar Veedhi,
Vidhanasoudha,
Bengaluru - 560 001.
2) The Commissioner
Public Instruction,
Nrupatunga Road,
K.R. Circle,
Bengaluru - 560 001.
2
O.S. No.2623/2018
3) Karnataka Secondary
Education Examination
Board, Malleshwaram,
Bengaluru-560 003.
Represented by its
Registrar
4) Karnataka State Open
University,
Mukthagangotri,
Mysore-570 006.
Rep by its Registrar
5) Sree Swamy Vivekananda
Vidya Samste,
# 71, D.C.M. Layout,
Near Hanumanthappa Park,
Davanagere-577 003.
(D-1 to 3 - ADGP)
(D-4 - Exparte)
(D-5 - Deleted)
---------------------------------------------------------------------
Date of Institution of the suit : 06.04.2018
Nature of the suit (suit on : Declaration of change of
name
pronote, suit for declaration
and possession, suit for
injunction etc,)
Date of the commencement : 04.07.2019
of recording of the evidence
Date on which the Judgment : 15.02.2020
was pronounced
Year/s Month/s Day/s
Total duration : 01 10 09
----------------------------------------------------------------------
(R.Y. Shashidhara)
II Addl. City Civil and Sessions Judge,
& Special Judge, Bangalore.
3
O.S. No.2623/2018
JUDGMENT
This suit filed by the plaintiff declaring that his name as D.S. Nithin Shetty. Directing the defendants to change the name of plaintiff from S. Manjunatha to D.S. Nithin Shettyin all his records.
.2. In the plaint, it is stated that, the plaintiff has completed the SSLC from the defendant No.4 University. He has completed PUC from defendant No.5 - Vidhya Samste. He has started business and suffered loss. Therefore, in the month of September 2016 he consulted Astrologer. After looking the name of plaintiff, date of birth and star signs, the astrologer recommended to change the name of the plaintiff as D.S. Nithin Shetty in the place of S. Manjunatha. He has advised to change the name of the plaintiff for the prosperity and good future. As per advise of the astrologer and for the well prosperity in his life, the plaintiff changed his name as D.S. Nithin Shetty from S. Manjunatha. On 15.07.2017 he sworn to an affidavit before the Notary and changed his name as D.S. Nithin Shetty and it was published in "Hosa Digantha" 4
O.S. No.2623/2018 kannada daily dated 16.07.2017. It is stated that after changing his name, it is difficult for him to apply for job. Therefore, to avoid further complication in future, he has filed this suit for change of his name. It is stated that on 22.07.2017 the plaintiff got issued statutory notice to the defendants. Thereafter, he has filed this suit and prayed for decree.
.3. After service of suit summons, the defendants 1 to 3 have appeared through ADGP. But they have not filed the written statement. The defendant No.4 has not appeared before this court and placed exparte. As per the memo filed by the plaintiff the defendant No.5 deleted from the case. Then the case posted the plaintiff's evidence.
.4. To prove his case, the plaintiff examined himself as PW.1. Documents got marked Ex.P.1 to 12. Thereafter the case posted for arguments on main.
.5. Heard the arguments.5
O.S. No.2623/2018 .6. The following points that would arise for my consideration:
1) Whether the plaintiff proves that he has changed his name as D.S. Nithin Shetty in the place of S. Manjunatha?
2) Whether the plaintiff is entitle for relief's as prayed for?
3) 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 : As per final order,
for the following:
R E A S ON S
.8. Points 1 and 2: These two points are inter-
connected. Therefore, for the purpose of avoiding repeated
discussion, I have taken up these points together for consideration.
.9. PW.1 in his examination-in-chief reiterated the averments of the plaint and stated that he completed the SSLC and PUC at defendants 4 and 5 institutions. He has started business and suffered loss. Hence, in the month of 6 O.S. No.2623/2018 September 2016 he consulted one Mr. Kottresh, who is an expert in numerology and horoscope. After looking the name of plaintiff, date of birth and star signs, the astrologer recommended to change the name of the plaintiff as D.S. Nithin Shetty in the place of S. Manjunatha. He has advised to change the name of the plaintiff for the prosperity and good future. As per advise of the astrologer and for the well prosperity in his life, the plaintiff changed his name as D.S. Nithin Shetty from S. Manjunatha. He further deposed that on 15.07.2017 he sworn to an affidavit before the Notary and changed in his name as D.S. Nithin Shetty and it was published in "Hosa Digantha" kannada daily dated 16.07.2017. It is stated that after changing his name, it is difficult for him to apply for job. To avoid further complication in future, he has filed this suit for change of his name. He further deposed that on 22.07.2017 the plaintiff got issued statutory notice to the defendants and thereafter filed this suit. Hence, PW1 prayed for passing decree.
.10. I have perused the documentary evidence produced by the plaintiff. Ex.P.1 is the SSLC marks card, 7 O.S. No.2623/2018 Ex.P.2 is PUC marks card and Ex.P.3 is T.C., belongs to the plaintiff. In the said documents his name mentioned as S. Manjunatha. Ex.P.4 is the horoscope issued by one Kottresh Jyothishalaya, S.K. Nagar, Bengaluru in the name of plaintiff. Ex.P.5 is the affidavit dated 15.07.2017 sworn by the plaintiff for change of his name from S. Manjunatha to D.S. Nithin Shetty. Ex.P.6 is the paper publication published in Hosa Digantha kannda daily dated 16.07.2017 for change of plaintiff's name from S. Manjunatha to D.S. Nithin Shetty. Ex.P.7 is the office copy of legal notice dated 22.07.2017 got issued by the plaintiff to the defendants and requested them to change his name in his school records as D.S. Nithin Shetty. Ex.P.8 are 5 postal receipts for sending legal notice to the defendants by way of registered post. Ex.P.9 to 12 are 4 postal acknowledgments addressed in the name of defendants.
.11. I have perused the above said oral and documentary evidence. I am of the opinion that case of the plaintiff is supported by oral and documentary evidence. The defendants have not appeared before this court and resisted the case of the plaintiff. Hence, I come to the conclusion that, 8 O.S. No.2623/2018 the plaintiff has proved that previously his name was S. Manjunatha and said name entered in his school and college records (Ex.P.1 to 3). He further proved that he has changed his name from S. Manjunatha to D.S. Nithin Shetty. As per advise of the astrologer and for well prosperity in life, he has changed his name from S. Manjunatha to D.S. Nithin Shetty. For changing of name, he sworn to an affidavit before the Notary and published in the news paper. Thereafter, he got issued statutory notice to the defendants. Hence, I come to the conclusion that, the plaintiff is to be entitled for the relief of declaration that his name as D.S. Nithin Shetty. He is entitle for the relief of directing the defendants to change his name in his school and college records as D.S. Nithin Shetty in the place of S. Manjunatha. Hence, 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 and 2 in the affirmative.
.12. Point No.3: In view of my findings to the above points 1 and 2, I proceed to pass the following: 9
O.S. No.2623/2018 O R DE R Suit of the plaintiff is decreed. It is declared that name of the plaintiff as D.S. Nithin Shetty.
It is directed the defendants 1 to 5 to change the name of plaintiff in all his school and college records as D.S. Nithin Shetty in the place of S. Manjunatha.
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 15th day of February, 2020.) (R.Y. Shashidhara) II Addl. City Civil and Sessions Judge, & Spl. Judge, Bangalore.
A NN E X U R E
1. WITNESSES EXAMINED FOR THE PLAINTIFF :
P.W.1 : D.S. Nithin Shetty
2. DOCUMENTS MARKED FOR THE PLAINTIFF:
Ex.P.1 SSLC marks card of the plaintiff Ex.P.2 PUC marks card of the plaintiff Ex.P.3 Transfer Certificate of the plaintiff 10 O.S. No.2623/2018 Ex.P.4 Astrologer report Ex.P.5 Affidavit dated 15.07.2017 sworn by the plaintiff Ex.P.6 Paper Publication for change of name published in Hosa Digantha Kannada daily dated 16.07.2017 Ex.P.7 Office copy of legal notice dated 22.07.2017 Ex.P.8 5 postal receipts Ex.P.9 to 4 postal acknowledgments 12
3. WITNESSES EXAMINED FOR THE DEFENDANTS:
Nil
4. DOCUMENTS MARKED FOR THE DEFENDANTS:
Nil (R.Y. Shashidhara) II Addl. City Civil and Sessions Judge, Bangalore.