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.