Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1
Lodged on : 14.10.2019
Registered on : 01.11.2019
Decided on : 20.01.2022
Duration : 02Y 03M 06D
EXHIBIT-16
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
L. C. SUIT NO. 2793 OF 2019
( CNR No.MH-CC-01-010385-2019)
MRS. LATA BHAU VAKHARE, ]
Age about 62 years, Occupation: ]
Housewife, Indian Inhabitant, ]
residing at Room No. 273, ]
Building No.7, PMGP Colony, ]
Punyashlok Ahilyabai Holkar Marg, ]
Datta Mandir, Mankhurd (West), ]
Mumbai – 400 043. ].. Plaintiff.
V/s.
1. STATE OF MAHARASHTRA ]
Through Sr. PI Deonar Police ]
Station, Mumbai. ]
2. THE SUB REGISTRAR, MCGM, ]
M Ward, Mumbai. ]..Defendants.
Advocate Mr. M. A. Lawate for the plaintiff.
Advocate Mr. Kapse for defendant No.1.
Advocate Mrs. Chandramore for defendant No.2/BMC.
CORAM : HIS HONOUR JUDGE
SHRI VIDYADHAR B. KAKATKAR
(C.R.No.09).
DATE : 20th JANUARY, 2022
JUDGMENT
The suit is instituted for the relief of declaration that
Shri Maruti Kondaji Hinge is presumed to be Civil dead as he has not
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been heard of by any person who would have naturally heard of him for
more than 7 years and for directions to the defendants to register the
death and issue death certificate of Shri Maruti Kondaji Hinge.
2. It is the case of plaintiff that plaintiff is the daughter of a
Maruti Kondaji Hinge. Maruti Kondaji Hinge has been missing since
16.02.2008 from the house of the plaintiff situated at Room No.273,
Building No.7, PMGP Colony, Punyashlok Ahilyabai Holkar Marg, Datta
Mandir, Mankhurd (West), Mumbai-400 043.
3. It is the case of plaintiff that Maruti Kondaji Hinge left her
house on 16.02.2008 and since then he did not return. He was
searched at all the possible places by the plaintiff and relatives.
However, he was not found. Therefore, the son of the plaintiff has
lodged missing complaint with Deonar Police Station, Mumbai vide
Adult Missing Person Register No. 22 of 2008 dated 21.02.2008. Police
searched Maruti Kondaji Hinge and also published his information to
all other police stations in all over Mumbai. Deonar Police Station has
also informed such missing case regarding AMR No.22/2008 dated
21.02.2008 to the Co-ordinate Officer, Missing Person Bureau
Department, CID Crime Branch, Mumbai Head Quarters and submit to
them not traceable report dated 17.03.2017.
4. It is the case of plaintiffs that, in spite of diligent search,
Maruti Kondaji Hinge was not found. Accordingly, police have issued
certificates dated 27.05.2015, 14.02.2017 and 25.02.2019 stating
therein that Maruti Kondaji Hinge is not traceable as per the police
record. Plaintiff has not heard of him for last more than 7 years. After
issuance of notice to defendants on 27/07/2019 through her advocate
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under section 80 of the Code of Civil Procedure, the plaintiff had
already filed Suit before this Court bearing L.C. Suit No.101017/2019
with the same cause of action and the same was withdrawn by her. Th
plaintiff sent notice to the defendants and thereafter, instituted the
present suit.
5. Defendants did not file a written statement. Hence, suit
proceeded without written statement of the defendants.
6. Considering the plaint, documents on record and oral
evidence of plaintiff and submissions of learned advocates, following
points arise for my determination and my findings to them are as stated
below for the following reasons.
Sr.
No.
POINTS FINDINGS
1 Whether plaintiff has proved that Maruti
Kondaji Hinge is missing from the home
since 16.02.2008 and has not been heard of
for more than 7 years?
In the
Affirmative
2 Whether Plaintiff is entitled to the
declaration as prayed for?
In the
Affirmative
3 What Order and decree ? As per Final Order
R E A S O N S
AS TO POINT NOS.1 TO 3 :
7. As all three points are related with each other, they are
discussed at once to avoid repetition. I have gone through the written
submissions of the plaintiff.
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8. Plaintiff has filed Affidavit of Evidence at Exhibit-5 and
deposed on oath and has proved all the contentions in the plaint. She
was cross-examined by the defendants. She has proved all the
documents filed by plaintiff on record. The plaintiff has filed on record
the report in proforma dated 22.02.2008 of missing of her father at
Exhibit-10. The letter issued by Deonar Police Station to the Senior
Police Inspector of all police station for Missing Persons is at Exhibit-11.
It shows that Maruti Kondaji Hinge was missing from 16.02.2008. The
plaintiff has taken the original documents after recording her evidence.
9. Deonar Police Station also informed such missing case
regarding AMR No.22/2008 dated 21.02.2008 to the Co-ordinate
Officer, Missing Person Bureau Department, CID Crime Branch, Mumbai
Head Quarters vide report dated 17.03.2017at Exh.12. Certificates
dated 27.05.2015, 14.02.2017 and 25.02.2019 issued by The Senior
Police Inspector of Deonar Police Station stating therein that Maruti
Kondaji Hinge is not traceable as per the police record are at Exhibits-13
colly. A copy of Notice under section 80 of the Code of Civil Procedure
is produced at Exhibit-14.
10. In view of above position, it is clear that a declaration of
civil death can be granted in view of sections 107 and 108 of the Indian
Evidence Act and section 34 of the Specific Relief Act. Plaintiff in the
present matter has proved to the satisfaction of the Court that Maruti
Kondaji Hinge left home from 16.02.2008 and could not be traced till
date. The missing report was lodged on 21.02.2008. The certificates
issued by police are produced on record to show that attempt was made
by police to search for Maruti Kondaji Hinge, but he could not be
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traced. The cross-examination does not disclose anything which will
make the plaintiff dis-entitled for the declaration as prayed for. Plaintiff
has published the notice in the newspaper. The copy of the newspaper
is also filed on record. It was published in one English and one Marathi
newspapers are at Exhibit-15 colly. There was no response to that
notice.
11. In the circumstances above, I have come to the conclusion
that plaintiffs are 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.
O R D E R
1. Suit is decreed.
2. It is hereby declared that father of plaintiff i.e.
Maruti Kondaji Hinge is civil dead.
3. The defendants are directed to register the death
of Maruti Kondaji Hinge and issue death certificate
accordingly.
3. No order as to costs of the suit.
4. Decree be drawn accordingly.
5. L.C. Suit No.2793 of 2019 is disposed of
accordingly.
(VIDYADHAR B. KAKATKAR)
Judge,
City Civil Court,
Date:20.01.2022 Gr.Mumbai.
Dictated on: 20.01.2022
Typed on : 20.01.2022
Signed on : 21.01.2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
25.01.2022 AT 2.30 P.M. MRS. SUPRIYA S. PAWAR
Name of the Judge (with Court Room
no.)
HHJ SHRI VIDYADHAR B.
KAKATKAR (C.R. No.09)
Date of Pronouncement of
Judgment/Order
20.01.2022
Judgment/Order signed by P.O. on 21.01.2022
Judgment/Order uploaded on 25.01.2022
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