1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY PETITION NO.147 OF 2009 Mr. Purushottam Shankar Giri .... Petitioner. Mr. Rupesh Bhalshankar for petitioner. CORAM: V. M. KANADE, J. DATE : 22ND JANUARY, 2010 P.C.:- 1. Heard the learned Counsel for the petitioner. 2. Petitioner has filed this petition for declaration and making an order of presumption of death of Mr. Shankar Arjun Giri as per the provisions of section 108 of the Indian Evidence Act, 1908. Petitioner is a son of the missing person and, according to him, he is missing since 09/02/1998. A certificate to that effect has been issued by Vikroli Police Station dated 30/4/2008. Public notice was also issued in Daily Newspaper ‘Navakal’ dated 3/6/1998 and in the said notice photo of the missing person was also published. In spite of diligent search taken by his friends and relatives, whereabouts of the missing persons are not known. The N.C. Complaint was lodged on 06/06/1998 at Vikroli Police Station. Petitioner is one of the heirs of the missing person. 2 3. In this view of the matter, Petition is allowed in terms of prayer clauses (a) and (b). (V.M. KANADE, J.)