Final Order 1

Order Details: Other
Pdf Text: Order ..1 Misc. Appln. No.49/2020
MHCC010042422020
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
MISC. APPLICATION NO.49 OF 2020
IN
MISC. PETITION NO.116/2019 (Disposed of)
Mahesh Vishnu Gaonkar.
Age : 35 years,
Residing at Room No.24, Indira Niwas Chawl,
T. P. Road, Bhandup (W), Mumbai 400078. ...Applicant.
In the matter between.
1. Mahesh Vishnu Gaonkar,
Age: 35 years,
Occ: Self employed.
2. Mayuri Mahesh Gaonkar,
Age: 36 years,
Residing at Room No.24,
Indira Niwas Chawl, T. P .Road,
Bhandup (W), Mumbai 400078. ...Petitioners.
And
1. Preeti Shanil Thakur,
Age: 33 years,
Occ: Housewife,
Residing at Sai Ashsih chawl,
Surya Nagar, behind Lamibai High Shcool,
Vitawa, Thane 400 605.
2. Ganesh Abhiman Bhalerao,
Age: 27 years,
Occ: Service,
Residing at Samarat Ashok Nagar,
Ulhasnagar 03, behind Sai Baba Mandir,
Ulhasnagar, Maharashtra 421 002. ...Respondents.
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Order ..2 Misc. Appln. No.49/2020
Advocate Sameer K. Sawant for the petitioner.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor
(Court No.: 2)
DATED : 17th August, 2021
O R D E R
Applicantion has been preferred for directing the Birth Certificate
Issuing Authority to issue Birth Certicate of the child, Shourya @
Mayank by deleting name of Shanil Laxman Thakur and Preeti Shanil
Thakur and substituting name of Mahesh Vishnu Gaonkar and Mayuri
Mahesh Gaonkar in the birth certificate of the child Shourya @ Mayank.
2. Perused the application and documents filed on the record, more
specifically the order dated 15.05.2019 in Misc. Petition No. 116/2019.
3. Contention of the petitioner is that When the petitioner applied to
concerned Brihan Mumbai Municipal Corporation, T Ward, the
Municipal Authority shown their in ability to delete the name of Shanil
Laxman Thakur since he was expired on 22.10.2013. Hence new birth
certificate of the child could not be issued though ordered and directed
by this Court. Petitioner now desirous to take admission of the minor
child Shourya @ Mayank in pre-primary school. Hence he filed the
present application.
4. From the perusal of order dated 15.05.2019 in Misc. Petition No.
116/2019, it is evident that the petitioners had filed Misc. Petition No.
116/2019 in the matter of adoption of the child, Shourya @ Mayank
(male, DOB-30.09.2018) and the said petition was allowed and
disposed of. The child, Shourya @ Mayank (male, DOB – 30.09.2018)
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Order ..3 Misc. Appln. No.49/2020
is given in adoption to petitioners. Birth Certicate issuing authority was
directed to issue birth certificate of the child, Shourya @ Mayank (male,
DOB – 30.09.2018).
5. Petitioners filed on record copy of order dated 15.05.2019 in
Misc. Peition No.116/2019, Birth Certificate dated 30.09.2018 of the
child Shourya and Death Certificate of Shanil Laxman Thakur. Name of
Shanil Laxman Thakur and Preeti Shanil Thakur are shown as parents
of the said child, Shourya.
6. Under the facts and circumstances, Birth Certificate needs to be
issued in the name of the child, Shourya @ Mayank (male, DOB –
30.09.2018) by deleting name of Shanil Laxman Thakur and Preeti
Shanil Thakur as parents and substituting name of Mahesh Vishnu
Gaonkar and Mayuri Mahesh Gaonkar as parents in the birth certificate
of the child Shourya @ Mayank. In the result, application is liable to be
allowed. Hence this Court proceeds to pass the following order :-
O R D E R
1) Miscellaneous Application No.49 of 2020 is allowed and disposed
of.
2) Concerned Birth Certificate Issuing Authority is directed to issue
Birth Certificate in the name of the child, Shourya @ Mayank (male,
DOB – 30.09.2018) by deleting name of Shanil Laxman Thakur and
Preeti Shanil Thakur as parents and substituting name of Mahesh
Vishnu Gaonkar and Mayuri Mahesh Gaonkar as parents in the birth
certificate of the said child within 15 working days from the date of
application.
(Sunil T. Soor)
City Civil Judge, Gr. Mumbai
Date : 17.08.2021
Typed on : 17.08.2021
HHJ signed on : 17.08.2021
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Order ..4 Misc. Appln. No.49/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATE 17.08.2021, 2.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.2)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
17.08.2021
JUDGMENT/ORDER signed by P.O.
on
17.08.2021
JUDGMENT/ORDER uploaded on 17.08.2021
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