Vicky Deepak Vazirani v. Jaganathan V. C/A Of Jeetendra Deepak Vazirani

Sharayu.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC. REVOCATION PETITION NO. 35 OF 2015 IN TESTAMENTARY PETITION NO. 496 OF 2011 Vicky Deepak Vazirani

...Petitioner

Versus

Mr. Jaganathan V.

...Respondent

Ms. Deepa Pohuja, for the Petitioner.

Mr. S. Anantwar, i/b M/s. India Law, for the Respondent. CORAM: G.S. PATEL, J DATED:

23rd June 2015 PC:- 1.

The Miscellaneous Petition as also Testamentary Petition are both settled. Consent Terms are tendered. These are signed by the parties and their Advocates. The six Respondents and the Petitioner are all personally present in Court. 2.

It is noted that initially there was only one Respondent namely Jeetendra Deepak Vazirani. Respondents No. 2 to 6 have been agreed to be added as set out in clauses 3 and 4 of the Consent Terms.

3.

The Consent Terms are taken on file and marked "X" for identification. Leave to amend in terms of clauses 3 and 4 of the consent Terms. Amendment to be carried out on or before 6th July 2015. Undertakings in the Consent Terms are accepted as undertakings to the Court.

4.

There will also be an order in terms of clause 21 of the Consent Terms marked "X" for identification.

5.

Accordingly, the following order is passed by consent :- (a) The Petitioner and Respondents No. 1 and 4 to 6 are declared to be the legal heirs of the deceased Ishwardas Partabrai Vazirani.

(b) The Miscellaneous Revocation Petition is allowed. Letters of Administration granted to the 1st Respondent in Testamentary Petition 496 of 2011 (to the extent of the property mentioned to the schedule) are revoked and set aside.

(c) Testamentary Petition No. 939 of 2015 filed by Mr. Vicky Vazirani is allowed. Letters of Administration are to be issued to the Petitioner as an Administrator of the estate of the deceased Ishwardas Partabrai Vazirani (to the extent of the schedule annexed to the Petition).

(d) The suit property is permitted to be transferred in favour of Respondents No. 2 and 3 as transferees. 6.

Refund of Court fees as per the rules 7.

No order as to costs.

8.

All concerned to act on authenticated copy of this order. (G. S. PATEL, J.)