Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1
Lodged on : 19.06.2019
Registered on : 07.10.2019
Decided on : 23.09.2022
Duration : 03Y 03M 04D
EXHIBIT-20
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
S. C. CIVIL SUIT NO. 2669 OF 2019
( CNR No.MH-CC-01-00660-2019)
1. SMT. AVANTIKA DHARMA JADHAV ]
Aged 59 years, Occupation: Housewife ]
Residing at 5-1/2, Bhim Nagar, ]
Rahivashi Sangh, Jerbai Wadia Road, ]
Bhoiwada, Parel, Mumbai-400 012. ]
Mobile No.9769367183, Email:- Nil. ].. plaintiff.
V/s.
1. ASSISTANT COMMISSIONER OF ]
MUNICIPAL CORPORATION, ]
Birth and Death Registration ]
Department, “M” Ward, Opp. Deonar ]
Police Station, Municipal Corporation]
Building, Deonar, ]
Mumbai – 400 085. ]
2. SR. INSPECTOR OF POLICE, ]
Deonar Police Station, ]
Mumbai – 400 085. ]..Defendants.
Advocate Mr. C. G. Bafna for the plaintiff.
Advocate Mrs. Chandramore for BMC/defendant No.1.
Advocate Ms. Priyanka Gaonkar h/f Advocate Mr. Kapse for
State/defendant No.2.
CORAM : HIS HONOUR JUDGE
SHRI SITARAM N. PATIL
(C.R.No.09).
DATE : 23rd SEPTEMBER 2022
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JUDGMENT
The suit is instituted for the relief of issuance of death
declaration of Mr. Dharma Daji Jadhav and directions be given to the
Municipal Corporation of “M” Ward, Health Department to register the
death of Mr. Dharma Daji Jadhav.
2. It is the case of plaintiff that she is the wife of Mr. Dharma
Daji Jadhav. Mr. Dharma Daji Jadhav has been missing from 07.10.2005
from the residence of his sister, within the area of Deonar Police Station.
Mr. Dharma Daji Jadhav was staying with the plaintiff and her family
members. Mr. Dharma Daji Jadhav went to meet his sister Mrs. Sudha
Laxman Pawar on 07.10.2005. After his visit at his sister residence at
Govandi, he left from his sister residence on the same day on the
pretext of returning to him, but he did not return since then till date.
3. It is further case of the plaintiff that after her due and
diligent search at relative, temples, hospital, railway stations, bus stops
and as possible everywhere to her known place, but failed to trace him.
The defendant issued certificate on 11.07.2016 thereby informing the
plaintiff that Mr. Dharma Daji Jadhav is permanently missing and
whereabouts are not traceable. Thereafter, the plaintiff approached to
Deonar Police Station to file the missing complaint of Mr. Dharma Daji
Jadhav and registered Missing Complaint bearing A.M.R.No.101/2005
on 29.10.2005. The plaintiff and her family members have made all
possible efforts to search Mr. Dharma Daji Jadhav at Mumbai and other
places. Thus, inspite of efforts of the plaintiff whereabouts of Mr.
Dharma Daji Jadhav are not known. Even the plaintiff issued notice to
both the defendants.
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4. It is the case of plaintiff that Mr. Dharma Daji Jadhav
missing on 07.10.2005, he is not traceable till date, more than seven
years has been completed. Hence, cause of action arose on 08.10.2012.
The present suit is within limitation. Mr. Dharma Daji Jadhav
whereabouts have not been known to the plaintiff. Therefore, the
plaintiff has prayed for declaration.
5. Defendants did not file a written statement. Hence, suit
proceeded without written statement of the defendants.
6. I have heard learned advocate for the plaintiff, the learned
advocate for BMC/defendant No.1 and learned advocate for State/
defendant No.1
7. Considering the plaint, documents on record, I have framed
issues at Exhibit-7 and my findings to them are as stated below for the
following reasons.
Sr.
No.
POINTS FINDINGS
1 Whether plaintiff has proved that Mr.
Dharma Daji Jadhav is missing since
07.10.2005 and has not been heard for more
than 7 years?
In the
Affirmative
2 Whether plaintiff are entitled to the
declaration as prayed for?
In the
Affirmative
3 What Order and decree ? As per Final Order
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R E A S O N S
AS TO POINT NOS.1 TO 3 :
8. As all three points are related with each other. Hence, they
are discussed at once to avoid repetition.
9. The plaintiff has filed her Evidence Affidavit at Exhibit-8
and deposed on oath and She has reiterated all the contentions in her
plaint in the Evidence Affidavit. She was cross-examination by both the
defendants. In cross examination she has stated that her husband was
missing in the year 2005. She has not made any application in the
Corporation for receiving death certificate of missing person. After
missing, she lodged complaint in the Deonar (Govandi) Police Station
and police station issued certificate of missing in the year 2013.
10. In support of the suit claim, the plaintiff has produced on
record her Aadhar Card and Pan Card (Exh.10 colly.). She has also
produced documents on record i.e. copy of her Ration Card (Exh.11),
Original Electric Bill of Missing person (Exh.12), Marriage Certificate
(Exh.13), Original Temporary Certificate dated 12.03.2008 issued by
Crime Branch, Mumbai (Exh.14), original permanent Certificate
(Exh.15), Office copy of Legal Notice dated 27.11.2018 (Exh.18) and
Original Postal Slips (Exh.17 colly.) The learned advocate for the
plaintiff has filed evidence close pursis (Exh.18).
11. In view of the above evidence, it would be crystal clear that
Mr. Dharma Daji Jadhav is found to be missing for a period of more
than 17 years. The legal presumption is attracted under section 108 of
the Evidence Act that the said person is dead. I therefore, hold that the
plaintiff is entitled for declaration to that effect.
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12. The State is under statutory obligation to maintain the
record of birth and death. Therefore, the suit filed against the State is
maintainable. It is proved that Mr. Dharma Daji Jadhav is proved to be
not heard of for more than seven years, I hold that the legal
presumption arises that he is dead.
13. In the circumstances above, I have come to the conclusion
that plaintiff is entitled to the declaration as prayed for. Accordingly, I
answer points Nos. 1 and 2 in the affirmative and in answer to point
No. 3, I proceed to pass following order.
ORDER
1. The suit is hereby decreed.
2. It is hereby declared that the husband of
plaintiff i.e. Dharma Daji Jadhav is not being heard of
for more than last seven years and he is Civil Dead.
3. The defendants are directed to register the
death of husband of plaintiff i.e. Dharma Daji Jadhav
and issue death certificate accordingly.
3. No order as to costs of the suit.
4. Decree be drawn accordingly.
5. The suit stands disposed of accordingly.
(SITARAM N. PATIL)
Judge,
City Civil Court,
Date:23.09.2022 Gr.Mumbai.
Dictated on: 23.09.2022
Typed on : 23.09.2022
Signed on : 23.09.2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
29/09/2022 At 5.20 p.m. MRS. SUPRIYA S.PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ MR. SITARAM N. PATIL
(C.R.NO.09)
Date of pronouncement of Judgment/
Order
23.09.2022
Judgment/Order signed by P.O. on 23.09.2022
Judgment/Order uploaded on 29.09.2022
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