SANTOSH DYANDEO SOLANKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Heard finally by consent of the learned Counsel for both the parties at the stage of admission.

(2.) The present appeal is filed challenging the judgment and decree passed by learned Civil Judge (Senior Division), Akola in Regular Civil Suit No.454/2015 as well as judgment and decree passed in Regular Civil Appeal No.121/2016 by District Judge-03, Akola. The plaintiff has filed a suit for declaration of civil death of Malutai Dnyandeo Solanke is missing for more than seven years.

(3.) It is the case of the plaintiff that Smt. Malutai Solanke left the house on 13/09/2008 and since then, she did not return to home. The plaintiffs are sons and daughters of Smt. Malutai Solanke. She was aged about 42 years when she left the home i.e. on 13/09/2008. She was serving at Tahsil Office, Telhara, District Akola. On 13/09/2008, at about 12.00 p.m. Malutai Solanke gone to Tahsil Office, Telhara but she did not return back. Therefore, plaintiff no.1 had filed missing report on 17/09/2008 to Telhara Police Station and police has taken entry into the missing register at Sr. No.10/2008. Relying on Sec. 108 of the Evidence Act, it required declaration of civil death of Smt. Malutai Solanke for claiming service benefits and for claiming movable and immovable property of Malutai Solanke. They should be granted declaration that Smt Malutai Solanke is dead.