Final Order 1

Pdf Text: 1 1614/N/2018
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
65TH COURT, ANDHERI, MUMBAI.
C. C. No.1614/N/2018
Bernard Victor Kinny ... Applicant
Vs
The Ward Officer, K/E Ward, Andheri Mumbai. ... Respondent.
ORDER BELOW EXH. 1
1. The applicant Bernard Victor Kinny submitted that, his
paternal aunty Miss Gracy Sabastin Kinny died on 14th February
2017 at home at Vileparle (e), Mumbai57. The applicant submitted
that as per rule it was necessary to take entry of death of her paternal
aunty within one year from the date of death.
However, there is more than one year's gap and therefore he
moved this application before court.
2. Notice was issued to Respondent officer. They submitted that
the applicant failed to produce original documents before them.
Therefore, respondent did not issue said certificate.
3. Applicant produced his own affidavit. He also produced
affidavits of two other witnesses. He has produced burial certificate
issued by Parish Priest dated 21.11.2018. He produced Adhar card of
deceased Gracy. He also produced his own Adhar card. Applicant
further produced adhar card of his witnesses. I have perused those
documents.
4. In view of above various documents it is clear that said person
is no more now. Therefore, I do not find any hurdle in issuing the
death certificate prayed for.
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2 1614/N/2018
Therefore, I proceed to pass the following order in the interest
of justice.
O R D E R
1. Vide provisions of Sec.13 of the Registration of Births
and Deaths at 1969, the application stands allowed.
2. Respondent/Non applicant is directed to register Death
entry of Gracy Sabastin Kinny who is died on 14th February 2017 as
per rules.
3. The applicant to pay charges/fees to concerned authority
as per the rules.
4. The applicant shall not misuse above document in any
manner.
5. Deponents shall be responsible for the contents of their
affidavit.
Sd/
(S.C. Pathare),
Metropolitan magistrate,
Dt. 11.02.2019 65th Court, Andheri, Mumbai.
ask
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