IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.380 OF 2024 (DEC/INJ)

BETWEEN:

1. SRI. C.M. RAJENDRA S/O LATE MUDDAPPA AGED ABOUT 51 YEARS, RESIDING AT SUBASH NAGAR K.R.NAGAR TOWN-571 602.

2. SPOORTHI C.R., D/O C.M. RAJENDRA AGED ABOUT 21 YEARS, RESIDING AT SUBASH NAGAR K.R. NAGAR TOWN-571 602.

…APPELLANTS (BY SRI. THYAGARAJA S., ADVOCATE)

Digitally signed AND:

by DEVIKA M Location: H IGH 1. THE CHIEF SECRETARY COURT OF GOVERNMENT OF KARNATAKA KARNATAKA VIDHANA SOUDHA BENGALURU-560 001. 2. THE SECRETARY KARNATAKA EDUCATION EXAMINATION BOARD, MALLESHWARAM BENGALURU-560 003.

3. THE DIRECTOR PRE-UNIVERSITY, PALACE ROAD MALLESHWARAM BENGALURU-560 003.

4. THE DEPUTY DIRECTOR OF PUBLIC EDUCATION DEPARTMENT MYSURU-571 602.

5. THE DEPUTY DIRECTOR DEPARTMENT OF UNDERGRADUATE MYSURU-571 602.

6. THE EDUCATION OFFICER PUBLIC EDUCATION DEPARTMENT K.R. NAGAR MYSURU DISTRICT-571 602.

7. THE HEAD MASTER KANNADA AND ENGLISH HIGHER PRIMARY SCHOOL LIONS SCHOOL, K.R.NAGAR TOWN, MYSURU DISTRICT-571 602.

8. THE HEAD MASTER ENGLISH HIGH SCHOOL LIONS SCHOOL, K.R. NAGAR TOWN MYSURU DISTRICT-571 602.

9. THE PRINCIPAL BRIGHT P.U.COLLEGE K.R. NAGAR TOWN MYSURU DISTRICT-571 602.

…RESPONDENTS (BY SRI. S.H.RAGHAVENDRA, AGA FOR R1, R3 TO 6)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 01.04.2023. PASSED IN R.A.NO.1/2022 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, K.R. NAGARA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 21.09.2021 PASSED IN O.S.NO.298/2019 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, K.R. NAGARA.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL JUDGMENT

This matter is listed for admission and I have heard learned counsel for the appellants and the learned High Court Government Pleader for respondent Nos.1 and 3 to 6.

2. This second appeal is filed against the concurrent finding of the Trial Court.

3. The factual matrix of the case of the plaintiffs is that second plaintiff is represented through a natural guardian first plaintiff, who is the father has filed the suit for declaration and mandatory injunction contending that the second plaintiff is minor and the first plaintiff’s father Sri Muddappa at the time of admitting the second plaintiff to school, inspite of second plaintiff's name being C.R.Nuthan, inadvertently in the school records given the name as C.R.Spoorthi. The 7^th defendant got admitted the second plaintiff as student in their school by mentioning the name of second plaintiff as C.R.Spoorthi. The second plaintiff's grand-father was calling second plaintiff as C.R.Spoorthi, instead of C.R.Nuthan and it was the mistake done by his grand-father and the same has to be changed as C.R.Nuthan, instead of C.R.Spoorthi. Hence, filed the petition and sought for the relief.

4. Inspite of suit summons being served to defendant Nos.1 to 9, the defendants did not appear and contest the matter.

5. The first plaintiff examined himself as P.W.1 and has examined his mother as P.W.2 and got marked the documents as Exs.P1 to P16.

6. The Trial Court having considered both oral and documentary evidence while seeking the relief of declaration for change of name relied upon the judgment of this Court in SMT. DORASANAMMA VS. STATE OF KARNATAKA, wherein this Court held that to seek a relief of declaration, declaring change of name, the Change of Name Act provides that name of the student upto secondary level also can be changed by getting judgment and decree from the jurisdictional Court and the name cannot be changed in the school records. When the student attains majority and if he/she has an intention to change his/her name, the intention must be disclosed through an affidavit sworn to before the Court Officer/Notary or Magistrate in a Stamp Paper of Rs.20/- and the same has to be published in two leading newspapers to make kn