- 1 - HC-KAR NC: 2025:KHC:48432 RFA No. 2705 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 2705 OF 2024 (DEC/INJ-) BETWEEN: 1. SRI.ANOOP MOOLYA G., S/O LATE SRI NARAYANA MOOLYA, AGED ABOUT 43 YEARS, R/AT NO.33, GROUND FLOOR, 5TH A CROSS, BAHUBALI NAGAR, JALAHALLI, BENGALURU-560013 &APPELLANT (BY SRI. A.C. CHETHAN, ADVOCATE) AND: 1. THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, NO.110, GATE II, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560001 2. UNDER SECRETARY TO GOVERNMENT (SECONDARY) DEPARTMENT OF SCHOOL EDUCATION AND LITERARY, 2 GATE, 6TH FLOORS, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001 3. THE BY DIRECTOR DEPARTMENT OF SCHOOL EDUCATION Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48432 RFA No. 2705 of 2024 AND LITERACY, K.G. ROAD, BENGALURU-560009 4. THE SECRETARY KARNATAKA SECONDARY EDUCATION BOARD, MALLESHWARAM, BENGALURU-560003 &RESPONDENTS (BY SRI. MANJUNATH K., HCGP) THIS RFA FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.09.2024 PASSED IN OS.NO.4311/2024 ON THE FILE OF THE V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR DECLARATION AND INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal by the partly-successful plaintiff in O.S.No.4311/2024 is directed against the impugned judgment and decree dated 18.09.2024 passed by the V Additional City Civil Court, Bengaluru (CCH No.13), whereby the said suit filed by the appellant-plaintiff was allowed in-part and the relief in as much as - 3 - HC-KAR NC: 2025:KHC:48432 RFA No. 2705 of 2024 the additional issue for declaration that his date of birth was 10.06.1979 instead of 01.06.1974 and for consequential directions to the respondents to issue revised S.S.L.C. Marks Card by showing his correct Date of Birth as 10.06.1979 was dismissed by the Trial Court. 2. Heard learned counsel for the appellant and learned HCGP for the respondents and perused the material on record. 3. The appellant-plaintiff instituted the aforesaid suit inter- alia contending that his actual date of birth was 10.06.1979 and due to oversight and inadvertence, his parents gave his date of birth at the time of admission to School as 01.06.1974, pursuant to which the S.S.L.C. Marks Card issued by respondents shows the Date of Birth of the plaintiff as 01.06.1974 instead of 10.06.1979, which was the actual date of birth of the plaintiff among other reliefs. It was contended that the PAN Card, employment records, provident fund records, voter ID, Bank Records, insurance policies and other documents etc, were corrected with the actual date of birth as 10.06.1979 pursuant to the order of the Trial Court in Crl.Misc. No. 105/2023 before the Senior Civil Judge and JMFC, Dakshina Kannada. It was contended that since the request made - 4 - HC-KAR NC: 2025:KHC:48432 RFA No. 2705 of 2024 to respondents to correct/change the date of birth of the plaintiff in his S.S.L.C. Marks Card from 01.06.1974 to 10.06.1979 was not complied with by them, the appellant3plaintiff instituted the aforesaid suit against the respondents. 4. The respondents filed their written statement and contested the suit and sought for its dismissal pursuant to which the Trial Court framed the following issues: 1) Whether the plaintiff proves that his correct name is 'Anoop Moolya.G' and not as 'Annu Moolya.B'? 2) Whether the plaintiff is entitled for the relief of declaration and mandatory injunction as sought for? 3) Whether the plaintiff is entitled for suit reliefs as sought for? 4) What order or decree? Addl. Issue:- 1) Whether the plaintiff proves the plaintiff born on 10/06/1979 and not on 01/09/1974?" 5. After hearing the parties, the Trial Court proceeded to allow the suit in-part filed by the appellant-plaintiff, while dismissing - 5 - HC-KAR NC: 2025:KHC:48432 RFA No. 2705 of 2024 the Additional issue, aggrieved by which the appellant-plaintiff 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 Trial Court was justified in dismissing the additional issued framed by the Trial Court in the suit filed by the appellant-plaintiff? 7. A perusal of the material on record clearly establishes that apart from the fact that the pleadings and evidence adduced by the appellant 3 plaintiff had remained unimpeached, the respondents 3 defendants, who have not adduced any evidence to rebut the claim of the appellant-plaintiff, the PAN Card, employment records, provident fund records, voter ID, Bank Records, insurance policies and other documents etc, cumulatively establish that the actual date of birth of the plaintiff was 10.06.1979 and not 01.06.1974 as incorrectly/erroneously shown in the S.S.L.C. Marks Card, which was based on the information wrongly given at the time of the admission of the plaintiff to the School by the plaintiff9s parents on account of oversight and inadvertence, which was carried forward by showing the incorrect date of birth of the plaintiff as 01.06.1974 instead of his actual date of birth, which - 6 - HC-KAR NC: 2025:KHC:48432 RFA No. 2705 of 2024 was 10.06.1979. The cumulative effect of the material on record is sufficient to indicate that actual date of birth of the plaintiff was 10.06.1979 and not 01.06.1974 as incorrectly/erroneously shown in the S.S.L.C. Marks Card, which deserves to be corrected accordingly. 8. Under these circumstances, I am of the considered opinion that the Trial Court clearly fell in error in dismissing the said issue in the suit filed by the appellant by passing the impugned judgment and decree which deserves to be set aside in relation to the additional issue, by this Court in the present appeal. 9. In the result, I pass the following: ORDER (i) The appeal is hereby allowed. (ii) The impugned judgment and decree dated 18.09.2024 passed in O.S.No.4311/2024 on the file of the V Additional City Civil and Sessions Judge, Bengaluru (CCH No.13) in so far as it relates to the additional issue is concerned, is hereby set aside. - 7 - HC-KAR NC: 2025:KHC:48432 RFA No. 2705 of 2024 (iii) The suit in O.S.No.4311/2024 filed by the appellant-plaintiff is hereby fully decreed as prayed for by the appellant-plaintiff in the plaint. Registry to draw up decree accordingly. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 1 Sl No.: 37