Govindamma vs The Registrar of Birth and Death

C.Mis.No.492/2023.

KARN320019242023 Presented on : 11-08-2023 Registered on : 11-08-2023 Decided on : 22-01-2024 Duration : 0 years, 5 months, 11 days IN THE COURT OF THE I ADDL CIVIL JUDGE & J.M.F.C., AT KANAKAPURA.

Present: Smt.

SAVITA RUDRAGOUDA CHIKKANAGOUDAR, B.A., L.L.B., I Addl.

Civil Judge & JMFC., Kanakapura.

Dated: This 22nd day of January 2024 CRL.

MISC.

No.492/2023 Petitioner : 1.

Smt.

Govindamma D/o late Venkataramegowda And late Venkatamma Aged about 70 years, 2.

Chikka Govindamma D/o late Venkataramegowda And late Chinnakannamma Aged about 50 years, Both are R/at: Hosadoddi Village, Kodihalli Hobli, 0 C.Mis.No.492/2023.

Kanakapura Taluk, Ramanagara District. (By Sri.Vijaykumar.H.P, Adv.) //Versus// Respondent : 1.

The Registrar of Birth and Death Rep. by Tahasildar, Kanakapura Taluk, Kanakapura.

2.

The Village Accountant, Hosadoddi Village, Kodihalli Hobli, Kanakapura Taluk, Ramanagara District. ( Exparte ) O R D E R This is the Crl.Mis.Petition filed by the petitioner U/s.13(3)(b) of Registration of Births and Deaths Act 1969.

In the petition, the petitioners have s etitioners have stated that they tated that they are the legal representatives of deceased namely “Sri.

Sri.

Venkataramegowda S/o late Venkataramegowda” died on ” died on 23.03.2003 23.03.2003 at their residence at Hosadoddi Village, Kodihalli Hobli, Kanakapura Taluk, Ramanagara District, when they approached the respondents seeking his death certificate, the respondents respondents issued an endorsement regarding non availability 1 C.Mis. y 1 C.Mis.No.492/2023. of the death entry.

And petitioners have further stated that the death certificate of him is required for change of Katha.

3.

The respondents did not appear before the court though the notice was served upon them.

Hence, they were remained absent. remained absent.

4.

The The petitioner No.2 examined herself as PW.1 and got examined one more witness as PW.2 and got 8 documents marked as Ex.P1 to Ex.P8.

5.

I heard learned counsel for the petitioners and perused the materials.

6.

The points for consideration are as under:­ 1.

Whether the petitioners have made out sufficient grounds to allow the petition?

What Order?

7.

The answers to points above are:­ Point No.1 :­ In the Affirmative.

Point No.2 :­ As per my final order. :: R E A S O N S :: 8.

8.

Point No.1:­ Point No.1:­ P.W.1 has deposed as averred in the petition.

The petitioner No.2 has stated that her father by 2 C.Mis.No.492/2023. name name Sri.

Venkataramegowda S/o late Venkataramegowda Venkataramegowda” died on ” died on 23.03.2003.

23.03.2003.

Ex.

Ex.P1 is the Non­ P1 is the Non­ available certificate issued by respondent on 14.07. on 14.07.2022, available certificate issued by respondent on 14.07.2022, Ex.P2 is the Notarized copy of Genealogical Tree, Ex.P3 is the Notarized copy of Declaration Genealogical Tree, Ex.P4 is the Notarized copy of Aadhar car Aadhar card of another petitioner, Ex.P5 is the Notarized copy of Aadhar card of PW­1, Exs.P6 and 7 are the paper publication issued in Udayakala and Vishwavani Vishwavani daily news papers and Ex.P8 is the Notarized copy of Aadhar card of PW­2.

In response to paper publication issued no interested persons have appeared before the court to contest the case of the petitioners.

P.W.2 has supported the version of P.W.1.

9.

Under Sec.13 of the Registration of Births and Deaths Act 1969, the Magistrate of the First Class has power to pass an order to the concerned authority established under the statute to make necessary entries pertaining to the death or birth of any person whose birth or death has not been registered within one year of its occurrence.

10.

The above materials on record have supported the claim of the petitioners. titioners.

There is no contra material from the claim of the petitioners.

There is no contra material from the side of the respondents.

Therefore, I am of the opinion that 3 C.Mis.No.492/2023. the instant petition deserves to be allowed.

Hence, Point Point No.1 No.1 is answered in the is answered in the Affirmative Affirmative.

11.

Point No.2: Point No.2:­ ­ In the light of the above discussion, ove discussion, I proceed to pass the following:­ :: ORDER :: :: ORDER :: The Crl.Misc.Petition filed by the petitioners U/s.13(3)(b) Registration of Births and Deaths Act 1969 is hereby allowed.

The respondents are hereby directed to register the death particulars of one Sri.

Venkataramegowda S/o late Venkataramegowda” died on died on 23.03.2003 23.03.2003 at his residence at Hosadoddi Village, Kodihalli Hobli, Kanakapura Taluk, Ramanagara District, in the concerned death register by collecting fee, if any, as per rules.

No order as to costs. (Dictated to the stenographer and transcribed by her, Order corrected and signed by me, then pronounced by me in the Open Court on this the 22nd day of January 2024).

Sd/­ (SAVITA RUDRAGOUDA CHIKKANAGOUDAR) I Addl.

Civil Judge & JMFC, Kanakapura.

4 C.Mis.No.492/2023.

ANNEXURES List of the Witnesses examined on behalf of Petitioner: P.W.1 : Chikkagovindamma P.W.2 : Venkataramu List of the Documents marked on behalf of Petitioner: Ex. ioner: Ex.P1 : Non­Availability Certificate Ex.P2 : Notarized copy of Genealogical Tree Ex.P3 : Notarized copy of Declaration Genealogical Tree Ex.P4 : Notarized Aadhar card Ex.P5 : Notarized Aadhar card of PW­1 Exs.P6 & 7 : Udayakala and Vishwavani Ex.P8 : Notarized Aadhar card of PW­2 List of the Witnesses examined on behalf of Respondents: ­­Nil­­ List of the Documents marked on behalf of Respondents: ­­Nil­­ Sd/­ I Addl.

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