2026:BHC-AS:4470 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 Tri