NARASIMHAIAH Vs. REGISTRAR OF BIRTH AND DEATHS

JUDGEMENT

(1.) The petitioner has filed this petition challenging an order dtd. 6/7/2018 passed by the III Additional District and Sessions Judge, Ramanagar (henceforth referred to as 'revisional Court'), in Crl.R.P.No.2/2018 as well as the order dtd. 26/12/2017 passed by the II Additional Civil Judge and JMFC at Magadi (henceforth referred to as 'Trial Court') in Crl.Misc.No.360/2017.

(2.) The petitioner claims to be the grandson of Doddakadaraiah, who purportedly died on 8/6/1965. The petitioner filed appropriate proceedings before the concerned Magistrate to belatedly to register the death of his grandfather. The jurisdictional Magistrate after holding proceedings, passed an order dtd. 4/9/2017 registering the death of Doddakadaraiah on 8/6/1965. The petitioner claimed that the respondent No.2 also filed a petition before the Magistrate under Sec. 13(3) of the Registration of Births and Deaths Act, 1969 to register the death of Doddakadaraiah on 9/8/1981. The petitioner herein was not arrayed as a party in the said proceedings. The Trial Court after considering the material documents, passed an order dtd. 26/12/2017 registering the death of Doddakadaraiah on 9/8/1981.

(3.) Feeling aggrieved by the certificate of death issued at the behest of the respondent No.2, the petitioner filed a revision petition before the revisional Court. The revisional Court in terms of the impugned order dtd. 6/7/2018 dismissed the revision petition and directed the parties to approach the competent Civil Court.