1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. TESTAMENTARY PETITION NO.872 OF 2004 Arun Appu Kalapurakil. ...Petitioner. Vs. Appu Kunjikan Kalapurakil (deceased). ...Deceased. .... Mr.D.R. Mishra i/b. Diwakar Dwivedi for the Petitioner. None for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD, J. August 7, 2009. P.C. Prayer clause (a) to the Petition is to the effect that the person named therein, namely, Appu Kunjkan Kalapurakil may be presumed to be dead under Section 108 of the Evidence Act, 1872. A First Information Report is lodged as far back as on 10th October 1995 at the Jogeshwari Police Station. There is a report dated 15th January 2008 of the Senior P.I. attached to the Jogeshwari Police Station stating that an entry has been duly made on 10th October 1995 and he has still not been traced. In these circumstances, having regard to the provisions of Section 108 of the Evidence Act, 1872, there shall be an order in terms of prayer 2 clause (a). The office shall accordingly process the issuance of a succession certificate to the Petitioner as sought in prayer clause (b). The Petition is accordingly disposed of. ....