- 1 - HC-KAR NC: 2025:KHC-D:10190 WP No. 102705 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102705 OF 2025 (GM-CPC) BETWEEN: KUMAR SIDDANTH S/O JINNAPPA MUNNOLI AGE: 25 YEARS OCC: STUDENT R/O PADMAVATI NAGAR BELLAR BAGEWADI TQ: HUKKERI, DIST: BELAGAVI …PETITIONER (BY SRI. IRANAGOUDA K KABBUR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY DEPUTY COMMISSIONER, BELAGAVI COURT COMPOUND BELAGAVI 590001 2. THE SECRETARY KARNATAKA SECONDARY EDUCATION EXAMINATION BOARD BENGALURU 560001 3. THE DIRECTOR DEPARTMENT OF PRE UNIVERSITY EDUCATION BENGALURU 560001 4. THE PRINCIPAL C.L.E SOCIETY P.U ART COMMERCE AND SCIENCE COLLEGE, CHIKKODI TQ: CHIKKODI, DIST: BELAGAVI 590001 GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.16 10:55:39 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10190 WP No. 102705 of 2025 5. THE PRINCIPAL BHARATESH COMPOSITE PUC BELLAD BAGEWADI TQ: CHIKKODI, DIST: BELAGAVI-590001 6. THE BLOCK EDUCATION OFFICER HUKKERI 591309 7. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS CHIKKODI (DDPI CHIKKODI) 591201 8. THE HEADMASTER SHRI MAHANTESHWAR PRIMARY SCHOOL BELLAD BAGEWADI, TQ. HUKKERI, DIST BELAGAVI 590001 9. THE HEADMASTER GOVERNMENT HIGHER PRIMARY KANNADA GOYS SCHOOL BELLAD BAGEWADI TQ: HUKKERI, DIST BELAGAVI 590001 …RESPONDENTS (BY SRI. RAMESH B. CHIGARI., AGA FOR R1 TO R3 AND R6 & R7; R4, R5 AND R9 NOTICE D/W) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED IN OS NO. 134/2023 CIVIL JUDGE AND JMFC, HUKKERI ON IA, U/SEC. 152 CPC DATED. 06.02.2025 AT ANNEXURE-E AND CONSEQUENTLY ALLOW THE IA AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC-D:10190 WP No. 102705 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ in the nature of Certiorari quashing the impugned order passed in O.S.No.134/2023 Civil Judge and JMFC, Hukkeri on I.A, U/Section 152 CPC dated 06.02.2025 at Annexure-E and consequently allow the IA. b. Issue any other writ, order or direction as this Hon’ble Court deems fit to grant in the facts and circumstances of this case in the interest of justice and equity. 2. The petitioner had filed a suit in O.S.No.134 of 2023 seeking for correction of the name of the plaintiff’s mother as “Devakka” instead of “Deepa” in the school records. The trial Court vide its judgement dated 08.04.2024 allowed the said suit and directed defendants to rectify the mistake by correcting name of the petitioners as “Devakka”. 3. However in the said judgement the statements made and reasoning given from para Nos.12 to 19 are not relating to the suit of the plaintiff, but are facts which - 4 - HC-KAR NC: 2025:KHC-D:10190 WP No. 102705 of 2025 relating to some other matter, the petitioner had filed an application under Section 152 of the Code of Civil Procedure for correction of the said judgement. By then, the Presiding Officer having been transferred, new Presiding Officer dismissed the said application by holding that under Section 152 of the CPC only clerical and arithmetic mistakes could be corrected in the judgment. It is in that background that the petitioner is before this Court seeking for the aforesaid reliefs. 4. The submission of learned counsel for the petitioner is that the facts and reasoning given in para Nos.12 to 19 have no relevance or no connection to the petitioners’ case and as such though the judgement is in favour of the petitioner, the facts as stated are required to be corrected. 5. A perusal of the judgment in OS No.134/2023 supports the contention of the learned counsel for the petitioner inasmuch as the averments made in - 5 - HC-KAR NC: 2025:KHC-D:10190 WP No. 102705 of 2025 para Nos . 12 to 19 of the judgment are in no way related to the case of the petitioner. It appears that the said averments have been incorporated in the judgment from some other judgment or from some other case, and/or the same is a copy-paste judgment. 6. Irrespective of the above, under Section 152 of the CPC, the trial Court would not have the power to correct the judgment inasmuch as the same would require the entire facts to be corrected, leaving out only the operative portion. 7. In that view of the matter, I pass the following; ORDER i. The writ petition is disposed of. ii. The suit would have to be re-appreciated in a proper perspective, which could only be done by way of an appeal, liberty is reserved to the petitioner to file an appeal by having the - 6 - HC-KAR NC: 2025:KHC-D:10190 WP No. 102705 of 2025 benefit of Section 14 of the Limitation Act, 1963. iii. An appeal once filed would have to be considered by the Appellate Court favourably as expeditiously as possible. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 47