Bombay High Court
Anjana Mangilal Jain vs Mangilal Futarmal Jain Alias Mangilal ... on 20 December, 2018
Author: R.D. Dhanuka
Bench: R.D. Dhanuka
ppn 1 910.tp-2489.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY PETITION NO.2489 OF 2018
Mr.Mangilal Futarmal Jain alias
Mr.Mangilal Phutarmal Jain .. Missing Person
Anjana Mangilal Jain .. Petitioner
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Ms.Nita Solanki for the petitioner.
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CORAM : R.D. DHANUKA, J.
DATE : 20th December 2018 P.C.:
. By this petition filed by the petitioner, the petitioner seeks a declaration that Mr.Mangilal Futarmal Jain alias Mr.Mangilal Phutarmal Jain is presumed to have died under Section 108 of the Indian Evidence Act, 1872.
2. Pursuant to the order passed by this Court on 3rd December 2018 directing the petitioner to obtain a certificate from the concerned police station certifying that the alleged missing person is not traceable for last more than seven years, the petitioner has filed affidavit dated 15th December 2018 annexing the certificate issued by the Khar Police Station, Mumbai dated 15th December 2018 certifying that the said missing person is not traceable for last more than seven years. The affidavit dated 15th December 2018 is taken on record. In view of the said certificate, prayer clause (a) of this petition is allowed.
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3. In so far as the prayer clause (b) is concerned, office is directed to verify whether the petitioner has already complied with the requirements in law for grant of Letters of Administration or not and if such requirements are satisfied, office is directed to submit a report before this Court to enable this Court to pass a separate order on prayer clause (b).
R.D. DHANUKA, J.
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