Deviyani N. Mathura And ORS v. Chandravadan N. Mathura

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 114 OF 1998 IN TESTAMENTARY PETITION NO. 856 OF 1994 Deviyani N. Mathura & Anr.

.. Plaintiffs Vs.

Chandravadan N. Mathura .. Defendant WITH ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 4065 OF 1994 Chandravadan N. Mathura .. Plaintiff Vs.

Pravinchandra D. Dalal & Ors.

.. Defendants Ms.Khyati Pandit i/b Dhru & Co. for plaintiffs in TS/114/1998 and for defendant Nos.1, 2, 5 and 6 in S/4065/1994.

Mr.Ruchir Tolat i/b L.C. Tolat & Co. for plaintiff in S/4065/1994 and for defendant in TS/114/1998.

Ms.Deviyani Nanalal Mathuria-plaintiff no.1 and Ms.Hansa Nanalal Mathuria-plaintiff no.2 present in Court.

CORAM : K.R.SHRIRAM, J.

DATE : 7TH APRIL, 2017 P.C.

TESTAMENTARY SUIT NO. 114 OF 1998 The parties have amicably settled the matter and have entered into consent terms dated 7th April 2017. The consent terms signed by plaintiff nos. 1 and 2, the defendant and their respective advocates, is taken on record and marked 'X' for identification. The plaintiffs are present in Court and 1/3

are identified by their advocate. The defendant is not present but Mr.Tolat for the defendant and Ms.Pandit for plaintiffs state that the defendant signed the consent terms in their presence.

Order in terms of the consent terms. All undertakings in the consent terms are accepted. The caveators statement that they are withdrawing the caveat is accepted.

The Prothonotary and Senior Master, therefore, to proceed accordingly for grant of probate on the basis that the caveators do not contest the petition.

The suit accordingly disposed.

By consent, the Court Receiver appointed is also discharged without passing of accounts. Ms. Pandit for the plaintiffs states that if there are any charges payable to the Court Receiver, the plaintiffs shall pay the amount to the Court Receiver within two weeks of receiving the communication from the Court Receiver. If the plaintiffs do not pay, the Advocate on record shall pay the Court Receiver's charges. The keys and any other documents, if the Court Receiver has with him, the same to be handed over to the Advocate on 2/3

record for the plaintiffs.

SUIT NO. 4065 OF 1994 The counsel for the plaintiff seeks leave to withdraw the suit. The suit dismissed as withdrawn.

All parties to act on a copy of this order authenticated by the Associate of the Court.

(K.R. SHRIRAM, J.) 3/3