Devendra Anand Suryawanshi v. Bhagubai Bandu Surywanshi

25-MPT24-14.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 24 OF 2014 Bhagubai Bandu Suryawanshi ...Missing Person And Devendra Anand Suryawanshi

...Petitioner

Mr. B.G. Saraf, for the Petitiioner.

CORAM: G.S. PATEL, J DATED:

26th September 2016 PC:- 1.

This is a Petition under Bombay Regulation VIII of 1827. It relates to one Bhagubai Bandu Suryawanshi. When it was originally filed, the Petition did not have a prayer for a declaration that she be presumed dead having been missing for more than seven years. This prayer has now been added.

2.

The Petitioner is Bhagubai's grandson. He says that she went missing from 30th June 2005. She never returned home. On that very day, the Applicant made a Missing Person's Complaint at the R.A. Kidwai Marg Police Station. This is registered under AMR No. 46/2005 on 30th June 2005. Several attempts were made thereafter to locate Bhagubai. Newspaper advertisements were published. On 3rd July 2012, the Senior Police Inspector of the R.A. Kidwai Marg 26th September 2016

25-MPT24-14.DOC Police Station issued a certificate in regard to the complaint that Bhagubai had not been found. Copies of the newspaper advertisements, receipt of the complaint and the certificate issued in 2012 by the Police Authorities are all annexed to the Petition. 3.

Bhagubai had a daughter-in-law and two grandsons. A proclamation has already been issued and published. There is an Affidavit proving service and publication. The Heirship Certificate is required in relation to certain lands held by Bhagubai. These are added by an amendment in paragraph 3 of the Petition. 4.

The Petition is made absolute in terms of prayer clauses (aa) and (a) of the Petition.

(G. S. PATEL, J.) 26th September 2016