Final Order 1

Order Details: Order
Pdf Text: 1 C.C. No. 346/N/2022 Judg.
Filed on : 07/03/2022.
Registered on : 07/03/2022.
Decided on : 18/10/2022.
Duration : 00Y., 07M., 11D.
Exh. :
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
(Presided by Vijay C. Gawai)
C.C. NO. 346/N/2022
Mr.Sadanand Chandrakant Hemade
R/o. : Vihar Lake, Passpoli Village,
Bhangsila, Powai Mumbai400 076. .. Applicant.
V/s.
The Ward Officer,
M.C.G.M, “S” Ward, Mumbai. .. Respondent.
Application for Registration of Death
Ld. Advocate for applicant.
None
:
:
Mr. Ahmad Khan & Mr.Vijay
Sharma for Respondent.
J U D G M E N T
(Delivered on this 18th October 2022)
1. This is an application filed for registration of date of death
of father of applicant namely Chandrakant Gopal Hemade died on
02/01/2018 at the abovesaid address . He was expired due to
tuberculous. Medical Certificate of cause of death is issued by
Dr.M.R.Mourya of Municipal Corporation of Greater Mumbai, regarding
the cause of death of the deceased. Due to inadvertence, applicant did
not report the date of death of deceased to the Municipal Corporation of
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2 C.C. No. 346/N/2022 Judg.
Greater Mumbai. Therefore, applicant was constrained to file present
application. Finally, he prayed for grant of application.
2. Notice to the respondent was issued. It was served on
Respondent. Respondent has filed its say at Exh.6. The points for
determination along with my findings thereon are as under.
SR. NO. POINTS FINDINGS
1 Whether applicant proves that his father
namely Chandrakant Gopal Hemade is died
on 02/01/2018 ?
In the
affirmative.
2 Whether applicant proves that the date and
place of death of his father was not recorded
with B.M.C. record?
In the
affirmative.
3 What order ? Application is
allowed.
R E A S O N S
AS TO POINT NOS.1 AND 2 :
3. Both these points are interlinked with each other. So, I
have taken them together for my discussion. In order to prove the case,
applicant has filed his affidavit at Exh.2. Two more affidavits are filed
at Exh.3 & 4 Medial Papers/Death Report at Exh.12 & 13. Paper
Publication is at Exh.10. Heard Ld. Advocate of applicant.
4. Applicant reiterated all the contents of application in his
affidavit. Perusal of say of respondent at Exh.6 shows that the
concerned date of death is not registered with the office of respondent.
The applicant has produced documentary evidence in support of his
claim. Documentary evidence produced on record supports the case of
applicant. Evidence produced on record remained unchallenged.
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3 C.C. No. 346/N/2022 Judg.
Therefore, applicant proved the points under consideration. Hence, I
answered the point nos. 1 and 2 in the affirmative.
AS TO POINT NO.3 :
5. In view of my findings on point nos. 1 and 2, application
deserves to be allowed. Hence, I pass the following order.
ORDER
1] The application is allowed.
2] Respondent is directed to take the entry of date of
death of father of applicant namely Chandrakant Gopal
Hemade, died on 02/01/2018 in the relevant register
as per section 13 of the Registration of Birth and Death
Act on prescribed fees as per rules.
Date: 18/10/2022.
Sd/
(Vijay C.Gawai)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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