Molly Franco v. Alan Dsilva

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by GANESH SUBHASH LOKHANDE Date:

2022.12.22 14:34:24 +0530 GANESH SUBHASH LOKHANDE TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 66 OF 2021 IN TESTAMENTARY PETITION NO. 626 OF 2020 Mollly Franco .. Plaintiff Vs.

Alan Chaerles D'Silva .. Defendant ------------ Sean Wasoodew a/w. Tanmay Karmarkar i/b. Sean Wasoodew for the Plaintiff Vijaya Ingole for proposed Defendant Nos. 2 and 3. Seeta Yadav h/f J. B. Lalwani & Co. for Defendant Nos. 1, 4 and 5. Molly France, Plaintiff is present.

Colin D'Cruz, Constituted Attorney for Defendant Nos. 2 & 3 is present. Alan D'silva, Defendant No. 1 is present.

Niharika D'silva, Defendant No.4 is present.

Krish Alan D'silva @ Krish Arman D'silva, Defendant No.5 is present. ------------ CORAM:- ARIF S. DOCTOR, ,J.

th DECEMBER, 2022.

DATE :- 19 P. C.:

1.

Testamentary Petition No. 626 of 2020 was filed for Probate of the last Will and Testament of the late Mrs. Rose D'silva (the deceased) dated Ganesh Lokhande page 1 of

th May, 2012. The deceased passed away at Vancouver, Canada on 16 th December, 2017.

2.

The present Petition was filed on 1 st December, 2019, subsequent thereto a Caveat was filed by one Mr. Alan D'silva, who is the son of the deceased. Today, Consent Terms dated 19 th December, 2022 have been tendered by which all the disputes and differences between the parties have been resolved. Since the proposed Defendants are all family members and the Consent Terms would comprehensively resolve all the disputes and differences between the parties thereto as well as the proposed Defendant qua the estate of the deceased.

3.

I have perused the following Defendants are present in Court:-

1. Colin D'Cruz, Constituted Attorney for Defendant Nos. 2 & 3 is present.

2. Alan D'silva, Defendant No. 1 is present.

3. Niharika D'silva, Defendant No.4 is present.

4. Krish Alan D'silva @ Krish Arman D'silva, Defendant No.5 is present. 4.

The parties are identified by their respective advocates and confirm execution of the Consent Terms. The Consent Terms have also been executed by the advocates for the parties. The Consent Terms are taken on record and marked Exhibit X for identification. A copy of the Consent Terms Ganesh Lokhande page 2 of

are scanned and reproduced as under:- Ganesh Lokhande page 3 of

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The undertakings contained in paragraphs 4, 7 and 12 are accepted as undertakings given to the Court. A copy of the Power of Attorney is taken on record and marked Exhibit Y and Y-1 respectively. The amendments are sought for, needs to be carried out forthwith. The re-verification is dispensed with.

5.

Learned counsel appearing on behalf Defendant Nos. 4 and 5 undertakes to file Vakalatnama within a period of one week from today. 6.

The Testamentary Petition is disposed of in terms of the present Consent Terms.

(ARIF S. DOCTOR, J) Ganesh Lokhande page 17 of