1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION MISC. PETITION NO.8 OF 2009 Pandurang & Pandu Sonu Solkar .....Missing person. Gangabai Pandurang @ Pandu Solkar ...... Petitioner. Ms. Deepali C. Patil for the petitioner. CORAM: V. M. KANADE, J. DATE : 5TH MARCH, 2010 P.C.:- 1. Heard the learned Counsel appearing on behalf of the Petitioner. 2. By order dated 6/11/2009, Petitioner was directed to issue notice by publication and the said period was extended further from time to time. It is submitted that the Petitioner is not in a position to afford the expenses of publication. It is submitted that, therefore, publication of notice may be dispensed with. It is submitted that all heirs have given their consent. Therefore, publication of notice as directed vide order dated 6/11/2009 is dispensed with. It is, therefore, no longer necessary to publish notice in the News-paper. Earlier order dated 6/11/2009 is accordingly modified. 2 3. Petition is filed by the Petitioner seeking a declaration that Pandurang @ Pandu Sonu Solkar may be declared as dead since he is missing and his whereabouts are not known for more than seven years. Petitioner is a wife of the missing person. On 8/9/1994 Pandurang left his house. However, he did not return and, therefore, a complaint was filed on 13/9/1994 with Kherwadi Police Station. The inquiries were also made by her relatives and friends. However, from the said date whereabouts of Pandurang are not known. The Kherwadi Police Station has issued a Certificate dated 26/6/1995 that the whereabouts of Pandurang are not known. Further, a letter dated 22/11/2001 was issued by Kherwadi Police Station informing the petitioner that the missing person Pandurang could not be traced. In para 7 of the Petition, Petitioner has given names of next of kins of the said Pandurang. All of them have filed their affidavit and they have given their consent and have no objection if the said declaration is made by this Court and the heirship certificate is issued to the petitioner. 4. In view of the averments made in the Petition and the annexures to the Petition, Petition is allowed in terms of prayer clauses (a) and (b). (V.M. KANADE, J.) 3