- 1 - HC-KAR NC: 2025:KHC:50449 RFA No. 2341 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 2341 OF 2025 (DEC) BETWEEN: SMT. ROSHAN BEGUM @ ROSHANI GOWDA W/O SUNIL KAHAR AGED ABOUT 41 YEARS R/AT NO.E-402, MANTRI ALPYNE DR. VISHNUVARDHAN ROAD 5TH PHASE, BHARATH HOUSING SOCIETY LAYOUT, BANASHANKARI 6th STAGE BENGALURU-560 061. ALSO AT WORKING AS A F.D.A. OFFICE OF THE DSERT EDUCATION DEPARTMENT B.S.K. 3 STAGE, BENGALURU-560085. …APPELLANT (BY SRI. USMAN .P, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY PRIMARY AND SECONDARY EDUCATION M.S. BUILDING, AMBEDKAR VEEDHI BENGALURU-560 001. 2. THE COMMISSIONER PUBLIC INSTRUCTIONS DEPARTMENT OF EDUCATION NRUPATHUNGA ROAD, BENGALURU-560 001. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50449 RFA No. 2341 of 2025 3. THE DIRECTOR KSSEEB BOARD, MALLESHWARAM BENGALURU-560 003. 4. THE DIRECTOR P.U EXAMINATION BOARD MALLESHWARAM, BENGALURU-560 003. 5. THE DIRECTOR DSERT, 100 FT. RING ROAD BANASHANKARI III STAGE BENGALURU-560 085. 6. BOARD EDUCATION OFFICER YADAGIRI, YADAGIRI DIST-585201. 7. THE REGISTRAR KARNATAKA STATE OPEN UNIVERSITY MANASA GANGOTRI, MYSORE-570 005. 8. THE VICE CHANCELLOR GULBARGA UNIVERSITY GULBARGA-585 106. 9. THE DEPUTY DIRECTOR PUBLIC INSTRUCTIONS (ADMIN) YADAGIRI DIST-585201. 10. THE PRINCIPAL GOVT. DEGREE COLLEGE YADAGIRI DIST-585201. 11. THE PRINCIPAL GOVT JUNIOR COLLEGE YADAGIRI DIST-585201. 12. THE HEAD MASTER HIGH SCHOOL, HONAGERA YADAGIRI DIST-585201. 13. THE HEAD MASTER PRIMARY SCHOOL, HONAGERA, YADAGIRI DIST-585201. - 3 - HC-KAR NC: 2025:KHC:50449 RFA No. 2341 of 2025 14. THE HEAD MASTER PRIMARY SCHOOL, ALIPUR YADAGIRI DIST-585 201. 15. THE HEAD MASTER PRIMARY SCHOOL S. HOSAHALLI, YADAGIRI DIST-585 201. 16. THE STATE OF KARNATAKA REP. BY CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU-560 001. …RESPONDENTS (BY SRI. MANJUNATH .K, HCGP FOR R1-R3, R5, R6, R9, R10, R11 TO R16; NOTICE TO R4, R7 AND R8 D/W) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 25.07.2025 PASSED IN OS.NO.5167/2024 ON THE FILE OF THE VII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR DECLARATION. 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 is directed against the impugned judgment and decree dated 25.07.2025 passed in O.S.No.5167/2024 by the VII Addl. City Civil & Sessions Judge, Bengaluru, whereby the said suit filed by the appellant – plaintiff for declaration of her name as ‘Roshani Gowda’ in place of ‘Roshan Begum’ in the records of her school, colleges, University, Government authorities, etc., and for - 4 - HC-KAR NC: 2025:KHC:50449 RFA No. 2341 of 2025 consequential mandatory injunction directing the respondents – defendants to enter the plaintiff’s name in the records was dismissed by the trial Court. 2. Heard learned counsel for the appellant and learned HCGP for respondents – State and perused the material on record. 3. The material on record discloses that the appellant – plaintiff instituted the aforesaid suit for declaration and mandatory injunction interalia contending that her maiden / original name was ‘Roshan Begum’ and the same was entered in all her records at school, colleges, University, Government authorities, etc., Subsequently, upon her marriage to Sri.Sunil Kahar s/o Jagadish Kahar on 14.12.2011, she sworn to an affidavit on 06.04.2024, followed by two Newspaper publications both dated 09.04.2024 in ‘Hosa Digantha’ and ‘Business Standard’ and pursuant thereto, she approached the respondents seeking change of her name and entering her marital name viz., ‘Roshani Gowda’ in the records and since her requests were not complied with by the respondents, she issued legal notice dated 20.04.2024 to the defendants under Section 80 CPC and they replied to the said legal notice directing the plaintiff to obtain an order from the competent civil court. - 5 - HC-KAR NC: 2025:KHC:50449 RFA No. 2341 of 2025 Aggrieved by which, the plaintiff instituted the aforesaid suit before the trial Court. 4. In the said suit, the defendants 1, 3, 9, 12 to 16 have filed their written statement and defendants 2, 4 to 8, 10 and 11 were remained absent and they are placed ex-parte. During trial, the plaintiff examined herself as PW-1 and Exs.P1 to P22 were marked, while defendants did not adduce any oral or documentary evidence, pursuant to which, the trial Court proceeded to pass the impugned judgment and decree dismissing the suit, aggrieved by which, the appellant – plaintiff is before this Court by way of the present appeal. 5. A perusal of the material on record including the impugned judgment and decree will clearly indicate that the trial Court failed to consider and appreciate the unimpeached, uncontroverted and unchallenged material on record produced by the appellant – plaintiff, which clearly established that while her maiden / original name was ‘Roshan Begum’, upon her marriage to Sri.Sunil Kahar on 04.12.2011, she took all necessary steps to get her name changed to her marital name i.e., ‘Roshani Gowda’ by swearing to an affidavit, issuing Newspaper publications, etc., as - 6 - HC-KAR NC: 2025:KHC:50449 RFA No. 2341 of 2025 borne out from the material on record. Under these circumstances, I am of the considered opinion that the trial Court completely misdirected itself in dismissing the suit by assigning wholly and untenable reasons which are contrary to the material on record and consequently, the impugned judgment and decree passed by the trial Court deserve to be set aside and the suit filed by the appellant – plaintiff deserves to be decreed in her favour. 6. In the result, I pass the following: ORDER (i) Appeal is hereby allowed. (ii) The impugned judgment and decree dated 25.07.2025 passed in O.S.No.5167/2024 by the VII Addl. City Civil & Sessions Judge, Bengaluru, is hereby set aside. (iii) The suit of the appellant – plaintiff is decreed as sought for by her. (iv) Registry is directed to draw decree accordingly. SD/- (S.R.KRISHNA KUMAR) JUDGE NBM/SRL