Final Order 1

Order Details: Order
Pdf Text: 1 C.C. NO. 1352/N/2018 Judg
Filed on : 29/09/2018.
Registered on : 29/09/2018.
Decided on : 19/10/2020.
Duration : 02Y., 00M., 20D.
Exh. : 8
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
(Presided by Bhagawat T. Zirape)
C.C. NO. 1352/N/2018
Mrs. Indira Kamlakar Sonkamble
Aged 80yrs, Indian Inhabitant
R/o. :- Muranjan Wadi, Saki Vihar Road,
Lower Tunga Village, Sakinaka,
Mumbai – 400 072. .. Applicant.
V/s.
Asstt. Municipal Commissioner, B.M.C.,
L-Ward, Kurla (W),
Mumbai.
.. Respondent.
-------------------------------------------------------------------------------------
Application for Registration of Death
------------------------------------------------------------------------------------
Ld. Advocate for applicant.
None
: Mr.Subhash Chandra Upadhyay
for Respondent.
-------------------------------------------------------------------------------------
J U D G M E N T
(Delivered on this 19th October 2020)
1. The applicant viz. Indira Kamlakar Sonkamble has made
this application for registration of death, place and date of her husband
namely Kamlakar Hiraji Sonkamble who died on 07/04/2017 at home.
Due to inadvertence, she could not report his date of death to Birth &
Death Registrar. Therefore, she prayed to direct respondent to register
the date of death of her husband on it's record.
-- 1 of 3 --
2 C.C. NO. 1352/N/2018 Judg
2. Notice to the respondent was issued. It was served on
Respondent. Respondent has filed its say at Exh.4. None is present on
behalf of applicant. The points for determination along with my findings
thereon are as under...
SR. NO. POINTS FINDINGS
1 Whether applicant proves that her husband
namely Kamlakar is died on 07/04/2017 at
his home?
In the
affirmative.
2 Whether applicant proves that the date and
place of death of her husband 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 interlinks with each other. So, I have
taken them together for my discussion. In order to prove the case,
applicant has filed her affidavit at Exh.5. Affidavits of witnesses Mr.
Eknath Tulsiram Kharat and Miss Laxmi Indira Sonkamble are at Exh. 6
and 7 respectively. Ld. Advocate of applicant is absent when called.
4. Applicant reiterated all the contents of application in her
affidavit. Perusal of say of respondent at Exh.4 shows that the
concerned date of death is not registered with the office of respondent.
The applicant has produced documentary evidence in support of her
claim. The applicant is senior citizen. Documentary evidence produced
on record supports the case of applicant. Evidence produced on record
remained unchallenged. Therefore, applicant proved the points under
-- 2 of 3 --
3 C.C. NO. 1352/N/2018 Judg
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 as observed above.
2] Respondent is directed to take the death entry of
husband of applicant namely Kamlakar Hiraji
Sonkamble, died on 07/04/2017 in the relevant
register as per section 13 of the Registration of Birth
and Death Act on prescribed fees as per rules.
Date: 19/10/2020.
(Bhagawat T. Zirape)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
-- 3 of 3 --