1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION (L) NO.825 OF 2007 Kantilal Bhanji Lakhani(deceased) Mrs.Charulata Ketan Bagadia ..Petitioner Mr.M.C.Shah i/b.Mr.Nitin R. Shah, advocate, for petitioner CORAM : S.J.VAZIFDAR, J. DATE : 29TH FEBRUARY, 2008 P.C. . The petition is filed for a declaration that one Kantilal Bhanji Lakhani be presumed to be dead under Sections 107 and 108 of the Indian Evidence Act and for issuance of Heirship Certificate. 2. The petitioner is the only child of the said missing person. Her mother expired on 3rd April, 1989. She is, therefore, the only heir of the missing person. The complaint has been lodged with the Kherwadi Police Station by the missing person's nephew on 25th October, 1977. Repeated follow up, 2 requests have been made regarding whereabouts of the missing person. The concerned authorities have stated that despite efforts to trace him out, he has not been found. 3. In the circumstances, the petitioner has made out a case regarding presumption of death of Kantilal Bhanji Lakhani (missing) under Sections 107 and 108 of the Indian Evidence Act. 4. The petition is, therefore, made absolute in terms of prayer clause (a) and (b). (S.J.VAZIFDAR, J.)