Final Order 1

Order Details: Copy of Judgment
Pdf Text: L.C. SUIT NO.2158-2019 1 Judgment
MHCC010049942019
Presented on : 04-05-2019
Registered on : 29-07-2019
Decided on : 15-02-2024
Duration : 4 years, 8 months, 41 days
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
L.C. SUIT NO. 2158 OF 2019
Exhibit No.:
Smt. Vidyagauri (also known as Vidya)]
Vasant Ranade aged: about 80 years ]
Occ: Retired, presently residing at 75 ]
Tulshibaugwale Colony, Sahakar ]
Nagar No.9, Parvati, Pune-4111009 ]
through Constituted Attorney Smt. ]
Madhuri Atul Nagras nee Madhuri ]
Vasant Ranade vide power of attorney] ...Plaintiff
Versus
1. The State of Maharashtra ]
Mantralaya, Nariman Point, Mumbai ]
2. The Municipal Corporation for ]
Greater Mumbai, a statutory authority]
constituted under the provisions of ]
MMC Act, 1888 having its principal ]
place at BMC Headquarters, Maha- ]
nagarpalika Marg, Opp. CST, Mumbai]
-400 001 & Ward Office at G/N Ward ]
Office building, Harischandra Yewale ]
Marg, behind Plaza Cinema, Dadar ]
Mumbai- 28 . ]
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L.C. SUIT NO.2158-2019 2 Judgment
3. Senior Inspector of Police, Dadar ]
Police Station, Dadar, Mumbai-28. ]
4. Senior Inspector of Police (missing ]
person centre) Crime Branch, Mumbai]
-400 001. ] ...Defendants.
Appearances:-
Ld. Advocate Sonali Dahotre for Plaintiff.
Ld. Advocate R.S. Khatib for Defendant No.1,3 and 4.
Ld. Advocate Chandramore for Defendant No.2.
CORAM : V. G. RAGHUWANSHI
JUDGE, (C.R.NO.08)
DATE : 15/02/2024
JUDGMENT
1) This is a suit for declaration that husband of plaintiff namely,
Vasant Gajanan Ranade is dead. Plaintiff submits that she is an
octogenarian lady residing at address mentioned in title clause.
She is deaf and having problem to speak. Therefore, she filed the
suit through her only daughter and caretaker Smt. Madhuri Atul
Nagras. Nee Madhuri Vasant Ranade. Plaintiff has executed a
power of attorney to do all acts concerning this matter. The
power of attorney Smt. Madhuri being only daughter of plaintiff
is conversant with facts of this case. She is a physically
challenged person.
2) Plaintiff was residing with her husband Vasant Gajanan Ranade at
09, Ramkunj, 2nd floor, plot No.366-E, Veer Savarkar Marg, Dadar,
Mumbai-28. Plaintiff and Vasant had only child namely Madhuri
from this wedlock. Vasant Ranade had some mental health issues
and was under treatment for the same. Vasant was unable to
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L.C. SUIT NO.2158-2019 3 Judgment
speak clearly. Mental problems of Vasant aggravated with age.
Due to said condition Vasant used to leave home and roam
anywhere without informing his family members at home.
Relatives or neighbours or his acquaintances used to bring him
back to home.
3) Eventually on 25/5/1999 Vasant left his home and did not come
back. In those days he was under treatment of daughter
Machiswala of Masina hospital. Plaintiff tried to search her
missing husband. After waiting for reasonable time plaintiff asked
her brother to inform police that Vasant was missing. Accordingly,
Plaintiff's brother Vijay Ranade reported police on 14/6/1999
that Vasant Ranade was missing since 25/5/1999. Police
immediately registered AMR No.46/99 and started search of
Vasant. They also requested senior PI of missing person centre on
29/6/1999 to telecast photo of Vasant Ranade on Doordarshan
channel. Officers of crime branch also searched Vasant at all
probable places but, they could not succeed in finding Vasant.
4) Therefore, senior PI (missing person centre), crime branch issued
a certificate that Vasant Ranade is missing since 25/5/1999. A
complaint was lodged in Dadar police station vide AMR No.
46/99 on 14/6/1999.
5) Plaintiff is legally wedded wife of Vasant. She has not heard of
him from the date on which he went missing. Plaintiff's daughter,
other family members, relatives tried their best to search Vasant
but, all in vein. In spite of all efforts to fish out Vasant Ranade
they could not trace out Vasant nor did they hear about him in
these all years.
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L.C. SUIT NO.2158-2019 4 Judgment
6) Plaintiff is under care of her only daughter Madhuri. She is facing
difficulties due to her ambiguous status/legal character. She is
unable to get benefits of a widow lady. Therefore, plaintiff
approached this court with a prayer that Vasant Ranade is dead as
he is not heard of for more than 7 years. She also prayed for a
direction to defendant No.2 to issue death certificate of Vasant to
plaintiff or her legal representative/legal heir.
7) Defendants appeared but failed to file their written statements.
Plaintiff's power of attorney examined herself as a witness. She
filed her affidavit of examination in chief Exh.7 and reiterated all
contentions in the plaint. She stated that her father Vasant
Ranade went missing on 25/5/1999. Thereafter, plaintiff tried to
search her husband and she was waiting for him but, Vasant
Ranade did not return. Therefore, plaintiff requested her brother
to lodge report in Dadar police station. Accordingly, plaintiff's
brother Vijay Ranade lodged report in police station Dadar.
Thereafter, police made all reasonable efforts to search Vasant
Ranade but, all went in vein. Therefore, police issued a certificate
on 06/08/1999 stating that Vasant Ranade went missing on
25/5/1999, thereafter complaint was lodged in Dadar police
station vide AMR No.46/99 on 14/6/1999. The plaintiff stated
above efforts taken by her and other people to search Vasant
Ranade. She also stated about her application under Right to
Information Act dated 08/02/2023 and information supplied by
Dadar police station vide letter dated 24/2/2023. She was
informed that they do not have any information and documents
sought by plaintiff. The data regarding said case was missing.
Crime branch also informed same thing vide its letter dated
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L.C. SUIT NO.2158-2019 5 Judgment
04/05/2023. Plaintiff is entitled to relief of declaration that her
husband Vasant Ranade went missing on 25/5/1999 and
thereafter he has not been heard of for a period more than 7
years. She is also entitled to direction to defendant No.2 to issue
death certificate of Vasant Ranade.
8) The plaintiff filed power of attorney (Exh.9), original ration card
of plaintiff (Exh.10), copy of PAN card of plaintiff (Exh.11),
passport of plaintiff (Exh.12), medical certificate of plaintiff
(Exh.13), copy of PAN card of plaintiff's power of attorney
(Exh.14), election card of power of attorney (Exh.15), school
leaving certificate of power of attorney (Exh.16), documents
showing that Vasant was suffering from chronic schizophrenia
(Exh.17), copy of report dated 14/6/1999 lodged in police
station (Exh.18) and AMR No.46/99 (Exh.18). Letter by PSI of
Dadar police station, centre of missing people (Exh.19), letter of
Sr. PI of missing people cell to Sr. PI (Exh.26), copy of certificate
issued by Sr. PI showing that Vasant was missing from 25/5/1999
and on report lodged by Vijay Ranade a missing case 46/99 was
registered (Exh.27). Letter written by power of attorney of
plaintiff to Sr. PI, police station Dadar West (Exh.20), copy of
application under Right to Information Act (Exh.21), information
supplied by information officer and Assistant Commissioner of
Police, Dadar division showing that record of this case was
destroyed (Exh.22), letter by power of attorney of plaintiff to
missing person cell dated 19/4/2023 (Exh.23), application of
power of attorney of plaintiff to public information officer
(Exh.24), information supplied by information officer (Exh.25)
and information supplied by said department.
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L.C. SUIT NO.2158-2019 6 Judgment
9) The testimony of plaintiff's power of attorney, who happens to be
her only daughter and documents filed on record clearly show
that Vasant Ranade went missing on 25/5/1999 and thereafter,
inspite of all efforts to search him he was not found. It is also
proved that he has not been heard of by the people who would
have naturally heard of him during this period. Therefore, she is
entitled to relief of declaration.
10) Plaintiff has prayed for relief of mandatory injunction directing
defendant No.2 to register death and issue death certificate of
Vasant Ranade. However, presumption under section 108 of Indian
Evidence Act is about the death and there is no presumption as to
time and date of death of said person. Plaintiff did not lead any
evidence about the date and time of death of her husband.
Moreover, special provision/remedy is available for delayed
registration of births and deaths under Registration of Births and
Deaths Act. 1969. In view of such provision this court finds that
there is implied bar to jurisdiction of city civil court for directing
defendant No.2 to register death of Vasant Ranade and to issue
death certificate.
11) Considering the matter on record and above discussion plaintiff is
not entitled to mandatory injunction as prayed.
12) Before parting with this matter I have to mention one point that
in this case plaintiff did not serve notice under section 80(1) of
Code of Civil Procedure to defendant/State and notice under
section 527 of Mumbai Municipal Corporation Act. But, they
appeared and opportunity was given to them to contest the matter.
Therefore, now defendant cannot say that suit is not maintainable
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L.C. SUIT NO.2158-2019 7 Judgment
as leave is impliedly granted. In view of above discussion and
reasons mentioned above this suit deserves to be partly decreed.
Therefore, I proceeds to pass the following order :-
ORDER
1) Suit is partly decreed.
2) It is hereby declared that Vasant Gajanan Ranade is dead.
3) Decree be drawn up accordingly.
(V. G. RAGHUWANSHI)
Judge
Dt.:15/02/2024. City Civil Court,
Gr. Mumbai
Dictated & directly typed on computer : 15/02/2024.
Signed on:15/02/2024.
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L.C. SUIT NO.2158-2019 8 Judgment
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
17/02/2024 Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI V.G. Raghuwanshi (Court Room
No.08)
Date of Pronouncement of
JUDGMENT/ORDER
15/02/2024.
JUDGMENT/ORDER signed by P.O.
on
15/02/2024.
JUDGMENT/ORDER uploaded on 17/02/2024.
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