- 1 - HC-KAR NC: 2025:KHC:51905 RFA No. 2229 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.2229 OF 2025 (DEC/INJ) BETWEEN: 1. SMT. NAGARATHNAMMA G. W/O LATE G. SRINIVASA AGED ABOUT 57 YEARS R/AT NO.12 AND 25 23RD MAIN ROAD, 3RD CROSS SRINIVAS NAGAR, NANDINI LAYOUT BANGALORE-560096. 2. HEMALATHA S. D/O LATE G. SRINIVAS W/O NAGARAJ H.R. AGED ABOUT 41 YEARS R/AT NO.31, 1ST MAIN AND CROSS MUNESHWARA BLOCK, MAHALAKSHMI LAYOUT BANGALORE-560096. …APPELLANTS (BY SRI. SHIVAKUMARAPPA T.C., ADVOCATE) AND: 1. THE REGISTRAR BIRTH AND DEATH AND COMMISSION SANKIKYA DIVISION 1ST FLOOR, SUBASHNAGAR (MEJESTIC) BEHIND UPPARPET PS BANGALORE-560009. 2. THE CHIEF SECRETARY KARNATAKA STATE GOVERNMENT AMBEDKAR VEEDI, BANGALORE-560001. …RESPONDENTS (BY SRI. NEELAKANTAPPA PUJAR, HCGP) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51905 RFA No. 2229 of 2025 THIS RFA IS FILED UNDER SEC.96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 04.03.2025 PASSED IN OS NO.7432/2024 ON THE FILE OF XXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR DECLARATION AND MANDATORY 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 plaintiffs in O.S.No.7432/2024 is directed against the impugned judgment and decree dated 04.03.2025 passed by the XXXI Addl. City Civil and Sessions Judge, Bengaluru, whereby the said suit filed by the appellants – plaintiffs for declaration of the name of the father-in-law of the 1st plaintiff as ‘Ganganna’ instead of ‘Chikkanna’ in the Death Certificate of husband of the 1st plaintiff namely one late G.Srinivas, who died on 24.08.1984 and to issue correct Death Certificate, was dismissed by the Trial Court. 2. Heard learned counsel for the appellants and learned HCGP for the respondents and perused the material on record. 3. The material on record discloses that the appellants – plaintiffs instituted the aforesaid suit interalia contending that on - 3 - HC-KAR NC: 2025:KHC:51905 RFA No. 2229 of 2025 24.08.1984, the 1st plaintiff’s husband Sri.G.Srinivas s/o Ganganna committed suicide and died at Victoria Hospital, Bangalore. It is contended that her father-in-law’s name was actually Ganganna, which is evident from the certified copy of the sale deed at Ex.P3 produced before the trial court and due to oversight and inadvertence and on account of clerical / typographical errors, it was shown as ‘Chikkanna’ instead of ‘Ganganna’ in the Death certificate of her husband and since despite the request made by the appellants to the respondents to change her father-in-law’s name as ‘Ganganna’ instead of ‘Chikkanna’ was not complied with by the respondents, despite issuance of legal notice dated 09.07.2024, the plaintiffs instituted the aforesaid suit against the defendants before the trial Court. 4. After issuance of summons, the defendants did not appear before the trial court and they have placed ex-parte. The plaintiff No.1 was examined herself as PW-1 and documentary evidence at Exs.P1 to P13 were marked. The pleadings of the plaintiffs were remained undisputed by the defendants. Based on which, the trial Court proceeded to pass the impugned judgment - 4 - HC-KAR NC: 2025:KHC:51905 RFA No. 2229 of 2025 and decree dismissing the suit filed by the appellants, who are before this Court by way of the present appeal. 5. The material on record clearly establishes that apart from the fact that the pleadings and evidence adduced by the appellants – plaintiffs had remained unimpeached, uncontroverted and unchallenged by the respondents – defendants, who had not adduced any evidence to rebut the claim of the appellants, the cumulative effect of the evidence adduced by the appellants, is sufficient to indicate that the actual name of the 1st appellant’s father-in-law was ‘Ganganna’ and not ‘Chikkanna’ as wrongly and incorrectly stated in the Death Certificate of the husband of the 1st appellant. Under these circumstances, I am of the considered opinion that the trial Court clearly fell in error in dismissing the suit filed by the appellants by passing the impugned judgment and decree, which deserves to be set aside by this Court in the present appeal. 6. In the result, I pass the following: ORDER (i) Appeal is hereby allowed. - 5 - HC-KAR NC: 2025:KHC:51905 RFA No. 2229 of 2025 (ii) The impugned judgment and decree dated 04.03.2025 passed in O.S.No.7432/2024 by the trial court is hereby set aside. (iii) The suit is hereby decreed as prayed for by the appellants. Sd/- (S.R.KRISHNA KUMAR) JUDGE NBM/SRL List No.: 1 Sl No.: 54