Declaration of Civil Death of person who is missing for seven years

In the light of the above discussion, the Court below committed serious error in law, which has resulted into miscarriage of justice to the appellants, which must be corrected. In that view of the matter, the question framed by me above, is answered in the affirmative. 10. To sum up, following order is inevitable.:­ ORDER a) Second Appeal No.18/2016 is allowed. b) Impugned judgment and decree dated 2.9.2015 passed by Joint Civil Judge, Jr.Dn. Nagpur in R.C.S. No.376/2015 and judgment and decree dated 31.10.2015 passed by District Judge­8, Nagpur in Regular Civil Appeal No.448/2015, both are set aside. c) There shall be a decree in terms of prayer clause (2) of the suit which is reproduced below :­ (2) Declare that the defendant Shri Abhay s/o Purushottam Deshmukh as a dead person and his death is civil death as he is missing from 16.3.2008 and issue death certificate.” IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR, NAGPUR. SECOND APPEAL NO. 18/2016 Sou. Swati Abhay Deshmukh v Shri Abhay s/o Purushottam Deshmukh CORAM : A.B.CHAUDHARI, J. DATED : 26th February, 2016