Rahul Harilal Pandya v. Girish Maneklal Trivedi

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 61 OF 2015 IN TESTAMENTARY PETITION NO. 1574 OF 2014 Mr. Rahul Harilal Pandya ...Plaintiff

Versus

Girish Maneklal Trivedi ...Defendant ---------- Mr. Priya Rombade i/by Deven Dwarkadas & Partners for the Plaintiff.

Mr. Amit Shroff iby Harish Shroff and Co. for the Defendant. Mr. Rahul Pandya present in person.

Mr. Girish Trivedi present in person.

---------- CORAM : R.I. CHAGLA J DATE :

04 March 2022 ORDER :

1.

The parties have settled their disputes. They have entered into the Consent Terms dated 16th February 2022. The SHARAYU PANDURANG KHOT Consent Terms are taken on record and marked 'X' for Digitally signed by SHARAYU PANDURANG KHOT Date:

2022.03.09 17:53:50 +0530 identification. These are signed by the Plaintiff and the Defendant.

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2.

I am satisfied that the Consent Terms are in order, not contrary to law and have been drawn by the parties of their own volition in refection of their true intentions. 3.

The undertakings, if any, in the Consent Terms being accepted as undertakings to the Court.

4.

It is stated in Clause 10 of the Consent Terms that the Respondent/Caveator no longer wants to pursue the Suit. In Clause 11, it is stated that the parties agree to execute in each other's favour deeds, documents and Power of Attorneys as may be necessary to conclude the process.

5.

It is specifically stated in Clause 12 of the Consent Terms that all the concerned beneficiaries also agree that they have no claim whatsoever against one another pending once these Consent Terms are filed.

6.

In view of these Consent Terms, the Caveator withdraws his Caveat.

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7.

This order is passed in terms of the Consent Terms. 8.

The Testamentary Suit is converted into Testamentary Petition.

9.

A soft copy of the Consent Terms will be uploaded as the second order in the matter.

10.

The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course.

11.

The testamentary department is directed to process the grant of Probate of the last will and testament of the deceased Anil Kumar Maneklal Trivedi.

[R.I. CHAGLA J.] 3/3