Karnataka High Court
Sri. Prakash Reddy H S vs The Secretary on 12 December, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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RFA No. 2147 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO.2147 OF 2023 (DEC)
BETWEEN:
SRI. PRAKASH REDDY H S
SREEBALAJI REDDY H.S (NEW NAME)
S/O SOMASHEKAR REDDY,
AGED ABOUT 41 YEARS,
RESIDING AT NO. 94, 2ND CROSS ROAD,
NANJAMMA LAYOUT, BENGALURU NORTH,
BENGALURU-560 032.
...APPELLANT
(BY SRI. MANOJ S N.,ADVOCATE)
AND:
1. THE SECRETARY
EDUCATION DEPARTMENT,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU.
Digitally
signed by 2. THE HEAD MISTRESS
VANDANA S R.K. INDIAN SCHOOL
Location: (INDIA PUBLIC SCHOOL)
HIGH KANAKANAGARA,
COURT OF R.T. NAGAR POST,
KARNATAKA
BENGALURU-560 032.
3. THE BLOCK EDUCATION OFFICER
BENGALURU NORTH,
NRUPATHUNGA ROAD,
BENGALURU.
4. THE SECRETARY
KARNATAKA SECONDARY EDUCATION,
EXAMINATION BOARD,
BENGALURU-560 003.
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RFA No. 2147 of 2023
5. THE COMMISSIONER
UNIQUE IDENTIFICATION AUTHORITY OF INDIA,
P.O BOX NO. 1947
KHANIJA BHAVAN BUILDING,
RACE COURSE ROAD
BENGALURU RURAL -560 001.
6. THE COMMISSIONER
ELECTION COMMISSIONER OF INDIA,
SHESHADRI ROAD,
BENGALURU--560 001.
7. THE COMMISSIONER
PAN CARD DEPARTMENT,
NO.6, CAMBRIDGE ROAD,
POLICE STATION ROAD,
UDANT LAYOUT, HALASURU,
KARNATAKA-560 008.
8. THE ROAD TRANSPORT COMMISSIONER
1ST FLOOR, A BLOCK,
TTMC BUILDING, SHANTHINAGAR,
BENGALURU-560 027.
9. THE CHIEF REGISTRAR BIRTHS AND DEATHS
1ST FLOOR, VISHVESHWARAYA TOWER,
DR. AMBEDKAR VEEDHI,
BENGALURU-560 001.
...RESPONDENTS
(BY SRI. MAHANTESH SHETTAR, AGA FOR R-1, R-3, R-4, R-8 & R-9
SRI. M.N. KUMAR, CGC., ADVOCATE FOR R-5 & R-7
SRI. SHARASS CHANDRA DODWAD, ADVOCVATE FOR R-6
NOTICE TO R-2 IS DISPENSED WITH
VIDE ORDER DATED: 28.11.2023)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 05.09.2023 PASSED IN
OS.NO.474/2023 ON THE FILE OF THE XVII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE BENGALURU CITY, DISMISSING THE SUIT
FOR DECLARATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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RFA No. 2147 of 2023
JUDGMENT
This appeal is directed against the impugned judgment and
decree dated 05.09.2023 passed in O.S.No.474/2023 by the 17th
Addl. City Civil & Sessions Judge (CCH-16), Bengaluru, whereby
the said suit filed by the appellant - plaintiff for declaration of his
name as 'Sri. Balaji Reddy S' in place of 'Prakash Reddy H.S' and
for consequential mandatory injunction directing the respondents -
defendants to enter the name of the plaintiff as 'Sri. Balaji Reddy S'
in all school records, educational records and other registers,
records of the respondents - defendants was dismissed by the
Trial Court.
2. Heard learned counsel for the appellant and learned
counsel for the respondents and perused the material on record.
3. The material on record discloses that the appellant -
plaintiff instituted the aforesaid suit for declaration and mandatory
injunction interalia contending that his original name was 'Prakash
Reddy H.S' and the same was entered in all his records at school,
colleges, University, Government authorities, etc., Subsequently,
on the advise of astrologers and for other bonafide reasons, he
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changed his name to 'Sri. Balaji Reddy S' and in this regard he
swore to an affidavit on 02.11.2020 followed by Newspaper
publication in 'Hosadignatha' and pursuant thereto he approached
the respondents seeking change of his name and entering his
name viz., 'Sri. Balaji Reddy S' in the records and since his
requests were not complied with by the respondents, he instituted
the aforesaid suit before the Trial Court.
4. In the suit, the defendants did not file their written
statement nor contested the suit. The plaintiff examined himself as
PW1 and exhibits P1 to P23 were marked while defendants did not
adduce any oral evidence or documentary evidence, pursuant to
which, the trial Court proceeded to pass the impugned judgment
and decree dismissing the suit, aggrieved by which, the appellant -
plaintiff is before this Court by way of the present appeal.
5. A perusal of the material on record including the
impugned judgment and decree will clearly indicate that the Trial
Court failed to consider and appreciate the unimpeached,
uncontroverted and unchallenged material on record produced by
the appellant - plaintiff including his pleadings and oral evidence as
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PW1 and documentary evidence at exhibits P1 to P23, which
clearly established that while his original name was 'Prakash
Reddy H.S', subsequently, on the advise of astrologers and for
other bonafide reasons, he changed his name to 'Sri. Balaji Reddy
S' on 02.11.2020, he took all necessary steps to get his name
changed to 'Sri. Balaji Reddy S' by swearing to an affidavit, issuing
Newspaper publication, etc., as borne out from the material on
record. Under these circumstances, I am of the considered opinion
that the Trial Court completely misdirected itself in dismissing the
suit by assigning wholly untenable reasons, which are contrary to
the material on record and consequently, the impugned judgment
and decree passed by the Trial Court deserve to be set aside and
the suit filed by the appellant - plaintiff deserves to be decreed in
his favour.
6. In the result, I pass the following:
ORDER
(i) Appeal is hereby allowed.
(ii) The impugned judgment and decree dated
05.09.2023 passed in O.S.No.474/2023 by the 17th Addl. City
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Civil & Sessions Judge (CCH-16), Bengaluru, is hereby set
aside
(iii) The suit of the appellant - plaintiff is decreed as
sought for by him.
(iv) Registry is directed to draw decree accordingly.
Sd/-
JUDGE
DHA / SV
