Final Order 1

Order Details: Copy  of Judgment
Pdf Text: ~1~ Judgment C. C. No. : 428/N/2018
Filed on : 26/03/2018.
Registered on : 26/03/2018.
Decided on : 01/11/2018.
Duration : 0 Y., 07 M., 06 D.
Exh. :
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
(Presided by R. M. Nerlikar)
Suresh Govind Parkar.
Age : Adult. Occ. : Nil.
R/o. : Near Mama Garage,
Room No. 03, Durga Pada,
Marol Maroshi Road, Andheri (E),
Mumbai 4000 059.
.. Applicant.
V/s.
The Health Officer,
M.C.G.M., K/W Ward,
Paliram Road, Near S. V. Road,
Andheri (W), Mumbai400058.
.. Respondent.
Application for registration of birth
Ld. Advocate for applicant. : Mr. S. R. Samukhrao.
J U D G M E N T
(Delivered on 01/11/2018)
The applicant has made this application for
registration of his birth.
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~2~ Judgment C. C. No. : 428/N/2018
2. In short it is the case of the applicant, he was born
on 01/01/1950, at his house i.e. at Near Mama Garage, Room
No. 03, Durga Pada, Marol Maroshi Road, Andheri (E),
Mumbai 4000 059 , in that regard he filed on record
documents those are, True Copy of his Leaving Certificate
issued by Pragati Vidyalaya, True Copy of his PAN Card, True
Copy of his Aadhar Card, True Copy of his Ration Card, True
Copy of death certificate of his father viz. Govind Rauji Patkar
issued by Municipal Corporation of Greater Bombay, Copy of
death certificate of his mother viz. Gangubai Govind Patkar
issued by Municipal Corporation of Greater Bombay, True
Copies of annual statements of his of account for the year
20122013, 201314 issued by The Employee Provident Fund
Scheme, 1952. Due to ignorance his parents, they had not
recorded his birth to BMC and now as per provision under
Registration of Birth and Death Act an order of Court is
required. Hence, prayed to direct respondent to register his
birth, as 01/01/1950, in it's record.
3. Respondent filed his say, at (Exh.6) and stated
that, the name of applicant was not entered in the relevant
record of birth, prayed for appropriate order.
4. Heard Ld. Counsel Mr. S. R. Samukhrao, for the
applicant.
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~3~ Judgment C. C. No. : 428/N/2018
5. The points for determination along with my
findings thereon are, as under...
SR. NO. POINTS FINDINGS
1 Whether applicant proves, he was
born, on 01/01/1950, at his home ?
Yes.
2 Whether applicant proves, their
parents have not recorded his name
with B.M.C. record?
Yes.
3 What order ? As per final
order.
R E A S O N S
AS TO POINT NOS.1 AND 2 :
6. These points are interlinks with each other,
therefore, I am discussing the same together.
7. In order to prove the case, applicant examined
himself, Suresh Govind Patkar, as (P.W.1) , at (Exh.12) and
Nirmala Ankush Khule (Nirmala Govind Patkar) (P.W.2 ), at
(Exh.13). He has produced documentary evidence in the
form of True Copy of his Leaving Certificate issued by Pragati
Vidyalaya, True Copy his PAN Card, True Copy his Aadhar
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~4~ Judgment C. C. No. : 428/N/2018
Card, True Copy his Ration Card, True Copy of death
certificate of his father viz. Govind Rauji Patkar issued by
Municipal Corporation of Greater Bombay, True Copy of death
certificate of his mother viz. Gangubai Govind Patkar issued
by Municipal Corporation of Greater Bombay, True Copies of
annual statements of his of account for the year 20122013,
201314 issued by The Employee Provident Fund Scheme,
1952.
8. If minutely read evidence of Nirmala Ankush
Khule (Nirmala Govind Patkar) (P.W.2 ) it revealed that, she
stated her brother Mr. Suresh Govind Patkar was born on
01/01/1950, at Room No. 03, Near Mama Garage, Durga
Pada, Marol Maroshi Road, Andheri (E), Mumbai – 400 059.
Same fact corroborated with witness, copy of extract issued by
B.M.C., as well as Leaving Certificate issued by Pragati
Vidyalaya, wherein date of birth of applicant is shown, as
01/01/1950.
9. The evidence corroborated with documentary
evidence. Further, it appears that, the respondent not
expressed any objection for entering name of applicant in it's
record, as same did not appear in the record.
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~5~ Judgment C. C. No. : 428/N/2018
10. Considering these aspects, applicant has prove, he
was born, on 01/01/1950, at his home, at Room No.03, Near
Mama Garage, Durga Pada, Marol Maroshi Road, Andheri (E),
Mumbai – 400 059. Further, his name has not entered in the
Birth Register of B.M.C. In these circumstances, respondent is
required to be directed to enter name of applicant viz. Suresh
Goind Patkar, in the relevant record of birth register.
Accordingly, I answer point No. 1 and 2 in affirmative.
AS TO POINT NO.3 :
11. In view of above discussion the applicant has
proved his case. Therefore, application of applicant is
required to be allowed. Accordingly, I pass the following
order.
ORDER
1] Application of applicant viz. Mr. Suresh Goind
Patkar, is hereby allowed.
2] The Health Officer, M.C.G.M., K/W Ward,
Paliram Road, Near S. V. Road, Andheri (W),
Mumbai400058 is hereby directed to register
the name the birth of the applicant viz. Mr.
Suresh Goind Patkar, as 01/01/1950 in the
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~6~ Judgment C. C. No. : 428/N/2018
birth record of B.M.C. office on payment of
requisite fee as per rule under the Provisions of
Registration of Birth and Death Act.
Date 01/11/2018.
SRD.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
Dictated on : 01/11/2018.
Transcribed on : 03/1/2018.
Signed on : 19/11/2018.
SRD.
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