Court declared Manohar Dattatray Gawandi missing and presumed deceased following police confirmation and post-publication of proclamation, granting Letters of Administration to petitioner.
Declaration that Manohar Dattatray Gawandi is missing and presumed dead; Petition made absolute for Letters of Administration.
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921-MPT-40-14-TP-717-10.DOC
Sharayu
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO. 40 OF 2014
IN
TESTAMENTARY PETITION NO. 717 OF 2010
Vinayak Sagun Pednekar…Petitioner
Versus
Manisha Manohar Gawandi…Respondent
Mr. Subhash AchyutAbhyankar, for the Petitioner.
CORAM:G.S. PATEL, J
DATED:19th March 2015
PC:-
1.The Petitioner seeks a declaration that one Manohar
Dattatray Gawandi said to be missing since 21st December 2006
and who has not being heard of for a period of more than seven
years be declared to be missing and presumed dead. The present
Petition No. 717 of 2010 is for Letters of Administration to the
estate, properties and credits of one Manisha Manohar Gawandi,
who expired on 6th July 2006. The Petitioner is Manisha’s brother.
It is Manisha’s husband Manohar who is said to be missing since
21st December 2006. Manisha died intestate.
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921-MPT-40-14-TP-717-10.DOC
2.The Petitioner has filed a complaint with the Senior
Inspector of Police at the Crime Branch, Mumbai in relation to
Manohar being missing and not traceable. The Police have
confirmed in writing that Manohar is missing from that date.
Despite all efforts Manohar has not been traced or heard from for a
period of more than seven years.
3.By an order dated 5th January 2015, I directed the Petitioner
to issue an advertisement. This has been done in the ‘Free Press
Journal’ and ‘Navshakti’. An Affidavit affirming the issuance of that
advertisement/proclamation is on file.
4.In the circumstances, Petition is made absolute in terms of
prayer clause (a), which reads as follows:-
“(a) The Hon’ble court be pleased to declare that the said MANOHAR DATTATRAY GOWANDI is missing since 21-12-06 and who has not been heard for a period of seven years and who is presumed to heave been dead.”5. All concerned to act on an authenticated copy of this Order.
(G. S. PATEL, J.)
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1 issue framed by the court
Whether Manohar Dattatray Gawandi should be declared missing and presumed dead after seven years of no communication.
Vinayak Sagun Pednekar
Manisha Manohar Gawandi
G. S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court