1 rpw62-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION REVIEW PETITION NO. 62 OF 2011 IN WRIT PETITION NO. 10845 OF 2009 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mr. A. C. Tripathi i/b. Mr. K. K.V.Kurup i/b. M/s. Legal Point for the petitioner. Mr. Sagar G. Talekar for respondent No.1. Mr. S. D. Rayrikar, AGP for respondent No.2- State. ..... CORAM : A.S.OKA, J. DATE : SEPTEMBER 22, 2011. P.C.: Heard the learned counsel appearing for the review petitioner. In order dated 23rd November, 2010, on the request made by the review petitioner, permission was granted to implead Mr. Peter Rodrigues as a party respondent No.3 to the petition. By this review petition, it is contended that the said Mr. Peter Rodrigues shall be presumed to be dead. 2 rpw62-11 Reliance is placed on order dated 17th January, 2009, passed in an Appeal From Order by the Co-operative Appellate Court as well as an order passed by the Administrator General, Maharashtra State. The first order is passed in an Appeal against an interim order during the pendency of the suit. The said order as well as the order passed by the Administrator General cannot be construed as a declaration of competent civil Court that the said Mr. Peter Rodrigues shall be presumed to be dead. The petitioner will have to file appropriate proceedings and obtain a declaration. In absence of such declaration, the review petition cannot be entertained and the same is rejected. (A.S.OKA, J.)