Digitally signed by MULEY IN THE HIGH COURT OF JUDICATURE AT BOMBAY MULEY SHUBHAM SHUBHAM PRAVINRAO PRAVINRAO Date:

2023.01.09

09:47:25 +0530 TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO. 121 OF 2019 Raju Dagadu Gunjal …...Missing Person Vimal Raju Gunjal …...Petitioner ----------------

Mr. R. A. Naik i/by Puja N. Pilankar for Petitioner.

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CORAM : ARIF S. DOCTOR, J. DATE : 6th JANUARY, 2023 P.C.:-

1. The present Miscellaneous Petition seeks two reliefs, viz., (i) a declaration/order of presumption of death under the provisions of Section 108 of the Indian Evidence Act, 1872 with respect to one Raju Dagadu Gunjal (‘the missing person’), who is said to be missing since 20/12/2008 and, (ii) for the issuance of a Legal Heirship Certificate under the provisions of the Bombay Regulation VIII of 1827.

2. The Miscellaneous Petition sets out that the missing person has been missing for over a period of 7 years and despite due and diligent search for him, he has not been heard of for more than 7 years by those who would have naturally heard of him had he been alive and hence the provisions of Section 108 of the Indian Evidence Act, 1872 are invoked.

3. Learned counsel i