1 O.S.No.
984/2020
IN THE COURT OF THE V ADDL.CIVIL JUDGE & JMFC,
AT : BELAGAVI
PRESENT
Digitally
SMT.CHAITRA V. KULKARNI, signed by
CHAITRA
B.A.L.,LL.B., LL.M. CHAITRA KULKARNI
KULKARNI Date:
V ADDL.CIVIL JUDGE & JMFC, BELAGAVI 2021.04.19
11:01:28
+0530
Original Suit No.984/2020
DATED THIS THE 8TH DAY OF APRIL, 2021
Plaintiff:
1. Shri.Aqeeb s/o Dilawar Yallur,
Age: 23 years, Occ: Student,
R/o: R.S.No.1287, Plot No.39,
Abdulkalam Azad Society,
Rukmini Nagar, Belagavi.
Mobile 8088313471.
(By Sri.G.H.Khadarnavar, Advocate)
v/s
Defendants:
1. The Deputy Director of Public Instructions,
Club Road, Belagavi.
2. The Block Education Officer (City),
Belagavi.
3. The Head Master,
M.L.A. Voting Constituency's
Govt. Higher Primary School No.24,
Mahantesh Nagar, Belagavi,
(ಪದವವಧರ ಮಮಖಖಖವಪಧಖಯರಮ
ಶಸಕರ ಮತ ಕತ ತದ ಮದರ ಸರಕರ
ಹರಯ ಪಪಥಮಕ ಕನನಡ ಶಲ ನನ.24,
ಮಹನತವಶ ನಗರ, ಬಳಗವ).
2 O.S.No.984/2020
4. The Head Master,
Govt. High School,
Mahantesh Nagar, Belagavi.
6. Deputy Commissioner,
Belagavi.
(By A.D.G.P.)
Date of institution of 18112020
suit
Nature of suit For Declaration and Mandatory
Injunction
Date of commencement 922021
of recording of
evidence
Date of pronouncement 842021
of judgment
Total duration Year/s Month/s Day/s
00 04 20
JUDGMENT
The plaintiff has filed this suit for the relief of declaration to declare
that his full and correct name as Aqeeb s/o Dilawar Yallur and for
mandatory injunction against the defendants to rectify the surname of
plaintiff as Yallur in place of Yallurkar and enter the full name of the
plaintiff as Aqeeb s/o Dilawar Yallur in his education records
maintained by them.
2. The brief facts of the plaintiff’s case are as under:
The full and correct name of the plaintiff is Aqeeb Dilawar Yallur
and he studied from 1st to 2nd standard in the defendant No.3 school
3 O.S.No.984/2020
and 3rd to 8th standard in the school of defendant No.4 and 9 th and 10th
standard in the school of defendant No.5. It is contended that in the
school records of defendant Nos.3 to 5, the surname of the plaintiff is
wrongly entered as Yallurkar instead of Yallur. The plaintiff has
completed B.Com and his correct name as Aqeeb Dilawar Yallur is
entered in all the subsequent educational records. It is further stated
that in aadhaar card and D.L. the correct name of the plaintiff is
mentioned as Aqeeb Dilawar Yallur. It is contended that in the first
week of October 2020 when the plaintiff applied for study certificate
for attending competitive exam, at that time he came to know that his
surname is wrongly entered as Yallurkar in the school records.
Therefore he requested the defendants to rectify the said mistake crept
in his school records, but they have refused to do so and advised the
plaintiff to obtain decree from the Court in this regard. Therefore in
order to avoid future complications, the plaintiff is constrained to file
the present suit.
3. After service of suit summons, the defendants have appeared
through learned ADGP and defendant No.1 has filed his written
statement which is adopted by defendant Nos.2 to 6.
4. The defendants have contended that the suit of the plaintiff is
false, frivolous, vexatious and concocted and same is not tenable in the
4 O.S.No.984/2020
eye of law and facts and hence it is liable to the dismissed. It is
contended that as per the instructions and particulars given by the
parents of the plaintiff the authorities have mentioned particulars of
plaintiff in the records. The plaintiff has not followed mandatory
provisions U/s 80 of CPC and hence the suit of the plaintiff is not
maintainable. The suit of the plaintiff is suffering from nonjoinder of
necessary party. The cause of action shown in the plaint is barred by
limitation. This Court is not having jurisdiction to grant the relief
prayed by the plaintiff. On these grounds these defendants have
prayed to dismiss the suit with costs.
5. Based on the pleadings of both the parties, following issues have
been framed.
ISSUES
1. Whether the plaintiff prove that his full and correct name is
'Aqeeb S/o Dilawar Yallur'?
2. Whether the plaintiff further proves that the defendants have
wrongly entered the surname of the plaintiff as 'Yallurkar' instead
of 'Yallur” in the school records maintained by them?
3. Whether the plaintiff is entitled for the relief of declaration as
prayed for?
4. Whether the plaintiff is entitled for the relief of mandatory
injunction as prayed for?
5. what order or decree?
5 O.S.No.984/2020
6. In order to prove his case the plaintiff has got examined as PW.1
and got marked 9 documents at Exs.P.1 to P.9. On the other hand the
defendants have not led any evidence.
7. Heard arguments of both sides.
8. Perused the materials placed on record.
9. 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 : In the affirmative
Issue No.5 : As per final order for the following:
REASONS
10. Issue No.1 and 2: The plaintiff has contended that, his correct
surname is “Yallur” and it was wrongly entered as “Yallurkar” in school
records maintained by the defendant No.3 to 5. In order to
substantiate his claim, plaintiff himself examined as P.W.1 and
reiterated the plaint contents in his examinationinchief. It is
suggested in his cross examination that as per the information given by
the parents of plaintiffs, his surname was entered in educational
records but same has denied by the PW1. In order to strengthen his
version, he has placed on record Ex.P1 to P9. Ex.P1 is the study
6 O.S.No.984/2020
certificate issued by the defendant No3. Ex.P2 is the study certificate
issued by the defendant No5. Ex.P3 is the study certificate issued by
the defendant No4. Ex.P4 is the S.S.L.C certificate. Ex.P5 is the PUC
certificate. Ex.P6 is the Adhar Card. Ex.P7 is the driving licence.
Ex.P8 is the election voter ID. Ex.P9 is the vehicle registration
certificate. Even though it is suggested to P.W.1 that, these documents
were got created just to suit his claim, apart from that suggestion
nothing is placed on record to show that these documents are
concocted one. It is also significant to consider that, these documents
were issued anterior to the arising of dispute. Therefore, question of
disbelieving these documents, do not arise at all.
11. Ex.P6 to P9 are public documents, which require no formal
proof. Public documents are admissible in evidence without formal
proof. Defendants have not at all rebutted said presumption by leading
contra evidence. Therefore, it is clear that the surname of the Plaintiff
is “Yallur”.
12. If the surname of the plaintiff is changed in educational record as
‘’Yallur”, no harm or prejudice will be caused to the defendants.
Moreover defendants have not at all contended that by changing the
surname plaintiff intends to change his identity. In the absence of such
case, when plaintiff has proved by leading his evidence and placing
7 O.S.No.984/2020
Ex.P.4 to 9 that his family surname is “Yallur”. Under such
circumstances inescapable conclusion is that plaintiff’s surname is
“Yallur” and his full name is Aqeeb S/o Dilawar Yallur plaintiff has
proved that same has wrongly entered in his educational records
maintained by the defendants No.3 to 5 as “Yallurkar” by producing
the Ex.P1 to P3 issued by the defendant No.3 to 5’s school
authorities. Hence answer to Issue No.1 and 2 in the “Affirmative”.
13. Issue No.3 and 4. : As discussed above, the plaintiff has
successfully proved that his correct surname is “Yallur” and full and
correct name of the plaintiff is “is Aqeeb S/o Dilawar Yallur”. On the
contrary, the defendants have failed to prove anything contrary to the
claim made by the plaintiff. Moreover by correcting surname of the
plaintiff, no prejudice could be caused to the defendants or to the 3 rd
party. Therefore, Court is of the opinion that the plaintiff is entitled to
the relief claimed under this suit. Hence, Issue Nos.3 and 4 are
answered in the “Affirmative”.
14. Issue No.5: In view of the above discussions, I proceed to pass
the following...
ORDER
The suit of the plaintiff is decreed.
It is hereby declared that the true and correct
8 O.S.No.984/2020
name of the plaintiff is Aqeeb S/o Dilawar Yallur.
The defendants are directed to rectify the surname
of the plaintiff as Yallur in the place of Yallurkar
and enter the full name of the plaintiff as Aqeeb S/o
Dilawar Yallur in the school records of the plaintiff
maintained by them.
In the above facts and circumstances of the case,
no order as to costs.
Draw decree accordingly.
(Directly dictated to the stenographer on Computer, the same is edited, revised and corrected by
me and then pronounced in the Open Court on this the 8th day of April, 2021).
sd/
(Smt.Chaitra V. Kulkarni)
V Addl. Civil Judge & JMFC,
Belagavi.
ANNEXURES
Witnesses examined for the plaintiff:
PW.1 Aqeeb S/o Dilawar Yallur
Ex.documents marked for the plaintiff:
Ex.P.1 Study certificate
Ex.P.2 Proforma for study certificate
Ex.P.3 Study certificate
Ex.P.4 SSLC marks card
Ex.P.5 PUC marks card
Ex.P.6 Copy of adhar card of plaintiff
Ex.P.7 Copy of R.C. of plaintiff
Ex.P.8 Copy of voter ID card of plaintiff
9 O.S.No.984/2020
Ex.P.9 copy of D.L. of plaintiff.
Witness/Ex.documents marked for the defendants:
Nil
sd/
V Addl. Civil Judge & JMFC,
Belagavi.
