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2026:BHC-AS:4470

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

Digitally signed

by PRACHI

PRACHI PRANESH FIRST APPEAL NO.55 OF 2016

PRANESH NANDIWADEKAR

NANDIWADEKAR

Date: 2026.01.29 WITH

18:17:47 +0530

INTERIM APPLICATION NO.3710 OF 2019

Vishwesh Dogra Suvarna )

Age 35 years, Indian Inhabitant )

Permanent residing of Flat No.D/20, )

4^th Floor, Nancy Colony, )

Borivali (East), Mumbai – 400 066. )

Presently residing at Chaitaly PG )

Room No.10, Opp. Syndicate Bank, )

Bilekahalli, Bannerghatta Road, )

Bangalore – 560076. ) ….Appellant

(Orig. Plaintiff)

V/s.

State of Maharashtra )

through its Chief Secretary )

State of Maharashtra, )

General Administration Department )

Mantralaya, Mumbai – 400 032. ) .…Respondent

(Orig. Defendant)

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Mr. K. B. Adyanthaya i/by Mr. R. K. Shetty for the Appellant.

Ms. Shilpa G. Talhar, AGP for the Respondent.

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CORAM : JITENDRA JAIN, J.

DATED : 29 January 2026

Judgment :

1. This appeal is filed challenging the judgment and order dated 31

October 2015 whereby the suit filed by the plaintiff-son has been dismissed

and a declaration sought for the plaintiff's father be declared as ‘dead’ was

rejected.

2. Briefly, the reason given by the Trial Court was that no evidence was

led on the memory loss of the father of the plaintiff. Also, no evidence was

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tendered to show that other than the plaintiff, there are no other legal

heirs. However, the Trial Court accepted that the plaintiff has tendered the

complaint made with the Police Authorities and certificate issued by the

Police Authorities i.e., father was missing from 8 April 2003. The Trial

Court also records that the plaintiff had filed ration card, birth certificate,

passport, newspaper advertisement etc.

3. I have heard the learned counsel for the appellant (original plaintiff)

and the respondent (original defendant).

4. The short issue which arises for my consideration is whether the Trial

Court was justified in refusing to grant a declaration that Mr. Dogra

Venkappa Survarna is presumed to be dead on expiry of 7 years from 8

April 2003.

5. The plaintiff is the son of Mr. Dogra Survarna. In support of this, he

has produced ration card, birth certificate and passport copy. None of these

documents have been found to be incorrect or rebutted by the State-

defendant.

6. From 8 April 2003, Mr. Dogra Survarna went missing while going

for his medical check-up. The plaintiff filed a missing complaint with the

Police Authorities and the Police Authorities have certified on 26 November

2011 that Mr. Dogra Survarna is still not found and is missing. These are

the documents prepared and issued by the State Officers and therefore,

same can be relied upon for the purpose of the present adjudication. This

certificate certified that even after 7 years from the date of missing

complaint, Mr. Dogra Survarna remained to be traced.

7. The plaintiff has issued newspaper publication indicating that Mr.

Dogra Survarna is missing since April 2003 and any one providing any

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information of the said person would be rewarded. This advertisement was

given in Marathi ‘Loksatta’ paper and Kannada paper. This also indicates the

fact that from 2003, Mr. Dogra has gone missing.

8. The birth certificate is issued by the Government of Karnataka.

Passport is issued by the Union of India and the ration card is issued by

local authority of the State-defendant. Certainly these documents cannot be

brushed aside. Merely because the plaintiff could not produce any medical

records of his father after a period of more than 7 years to show memory

loss of the father, it cannot be a ground to disbelieve the claim made by the

plaintiff.

9. The circumstantial evidence leans in favour of the plaintiff. Learned

counsel for the appellant states that from April 2003, Mr. Dogra Survarna

has not been found. The le

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