- 1 - HC-KAR NC: 2025:KHC:18392 RFA No. 2220 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 2220 OF 2024 (DEC) BETWEEN: C APPU S/O LATE CHINNAPPA, AGE 44 YEARS RESIDING AT NO. 7, 1ST CROSS, POTTERY TOWN, GANDHIGRAM, BENSONTOWN POST, BANGALORE-560 046. …APPELLANT (BY SRI. ESWARA RAO S.,ADVOCATE) AND: 1. THE CHIEF SECRETARY GOVT. OF KARNATAKA, PRIMARY AND HIGHER EDUCATION DEPT, NO. 32, 3RD FLOOR, VIDHANA SOUDHA, BANGALORE. 2. DIRECTOR OF PUBLIC INSTRUCTION GOVT. OF KARNATAKA, PWD OFFICES COMPLEX, NRUPATHUNGA ROAD, K.R. CIRCLE, BENGALURU. 3. THE BLOCK EDUCATION OFFICER, OFFICE OF THE BLOCK EDUCATION OFFICER, NORTH ZONE-3, K. KAMARAJ ROAD, SHIVAJI NAGAR, BENGALURU – 560 042. 4. THE PRINCIPAL, SEVENTH DAY ADVENTISTS HIGH SCHOOL, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18392 RFA No. 2220 of 2024 SPENCER ROAD, FRAZER TOWN, BANGALORE-560 005 …RESPONDENTS (BY SMT. AZRA.J.DUNDGE, AGA FOR R-1 TO R-3 R-4 SERVED) THIS RFA FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 12.06.2023 PASSED IN OS NO.7134/2022 ON THE FILE OF VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU., DISMISSING THE SUIT FOR DECLARATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal by the unsuccessful plaintiff in O.S.No.7134/2022 is directed against the impugned judgment and decree dated 12.06.2023 passed by the VIII Addl.City Civil and Sessions Judge, Bangalore, whereby the said suit for declaration and other reliefs filed by the appellant – plaintiff was dismissed by the trial court. 2. Heard learned counsel for the appellant and learned AGA for the respondents and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:18392 RFA No. 2220 of 2024 3. A perusal of the material on record will indicate that the appellant – plaintiff contended that he belonged to ‘Adi Dravida’ community and he has two children A.Ammu and A.Ajay studying in the 3rd respondent – School in Class-X and Class VII respectively. It is contended that while his daughter Ms.A.Ammu has passed out X standard and is studying II PUC, his son A.Ajay is pursuing IX standard and the error that had crept into the Transfer Certificate (T.C.) of his son by showing his religion / caste as ‘Christian’ instead of ‘Hindu – Adi Dravida’ was corrected by the 3rd respondent – School, which had issued a fresh / rectified T.C. to the appellant. However, the request of the appellant to the 3rd respondent – School to issue fresh / rectified T.C. in favour of his daughter, Ms.A.Ammu by correcting the name of her religion / caste from ‘Christian’ to ‘Adi Dravida – Hindu’ having been refused by the School, the appellant instituted the aforesaid suit by placing reliance upon the State Government’s Circular dated 26.10.2015, which required the appellant to approach the Civil Court to get the name of his daughter Ms.A.Ammu corrected in the T.C. by seeking appropriate reliefs. - 4 - HC-KAR NC: 2025:KHC:18392 RFA No. 2220 of 2024 4. The respondents – defendants remained ex-parte and did not contest the suit. 5. The appellant examined as PW-1 and Exs.P1 to P15 were marked on his behalf. The respondents neither cross- examined PW-1 nor adduced oral or documentary evidence. The trial court proceeded to pass the impugned judgment and decree dismissing the suit filed by the appellant – plaintiff, who is before this Court by way of the present appeal. 6. The only point that arises for consideration in the present appeal is, whether the impugned judgment and decree passed by the trial court warrants interference in the present appeal. 7. A perusal of the material on record including the judgment and decree will indicate that despite accepting unimpeached, uncontroverted and unchallenged pleadings and evidence of the appellant, the trial court dismissed the suit only on the ground that it did not have jurisdiction to entertain and adjudicate upon the suit filed by the appellant. In this context, the trial court failed to consider and appreciate the undisputed material on record coupled with the Circular at Ex.P13 dated 26.10.2015 issued by the State - 5 - HC-KAR NC: 2025:KHC:18392 RFA No. 2220 of 2024 Government, in terms of which, the appellant – plaintiff had approached the Civil Court and consequently, it cannot be said that the Trial Court / Civil Court did not have jurisdiction to entertain and adjudicate upon the suit and in the light of the erroneous reasoning adopted by the trial court, I am of the view that the impugned judgment and decree passed by the trial court deserves to be set aside and the suit of the plaintiff deserves to be decreed in his favour. 8. In the result, I pass the following:- ORDER (i) Appeal is hereby allowed. (ii) The impugned judgment and decree dated 12.06.2023 passed in O.S.No.7134/2022 by the VIII Addl.City Civil and Sessions Judge, Bangalore, is hereby set aside. (iii) Suit is hereby decreed in favour of the appellant – plaintiff as prayed for by him. (iv) Registry is directed to draw up the decree accordingly. Sd/- (S.R.KRISHNA KUMAR) JUDGE BK/SRL List No.: 1 Sl No.: 15