Aruna Yashvantsinh Chad And ORS. v. Niraj Mahesh Asher And ORS.

by LAXMIKANT GOPAL CHANDAN Date: 2023.04.01 13:17:51 +0530 LAXMIKANT GOPAL CHANDAN 1 (23) TS-40.12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO.40 OF 2012 IN PETITION NO.1275 OF 2011 Mrs. Aruna Yashvantsinh Chad & ors.

: Plaintiffs versus Niraj Mahesh Asher & ors.

: Defendants.

----- Mr. Denzil D'Mello for the Plaintiffs.

Mr. R. S. Tripathi a/w Mr. J R Vakil i/by J. R. Vakil & Associates for the Defendants.

----- CORAM :

ARIF S. DOCTOR, J.

st MARCH 2023 DATE :

P.C. :

Mentioned out of turn in the Morning Session. Pursuant to order dated 20 th January 2023 the present Testamentary Suit had been referred to mediation. Advocate Mr. Kaustubh Thipsay was appointed as Mediator.

Learned Counsel for the parties have today submitted that the mediation has been successful. .

2 (23) TS-40.12.doc Learned Counsel for the parties have today tendered the Consent Terms executed the Learned Mediator by all the parties to the Suit thereby settling all their disputes and differences.

All the parties are present in Court today, save and except Defendant No.4, who is not present on account of certain ceremony which she has to attend. There is no dispute that Defendant No.4 has signed these Consent Terms, and Learned Counsel makes that statement. All the parties, who are present in Court, confirm that they have signed the Consent Terms. Plaintiff Nos.1 to 3 and Defendant Nos. 1 to 3, who are present in Court, have been identified by their respective Advocates.

The Consent Terms are taken on record and marked as "X" for identification.

The present Testamentary Suit is disposed of in terms of Consent Terms. The undertakings given in the Consent Terms are accepted as the undertakings given to the Court.

This Court must appreciate the efforts taken by learned Mediator Advocate Mr. Kaustubh Thipsay, in bringing about a resolution of disputes

3 (23) TS-40.12.doc between the parties that have been pending between the family members for over a period of12 years.

At 2.30 pm The Learned Mediator Mr. Kaustubh Thipsay appeared at 2.30 PM and mentioned the matter and submitted his Report. Today, the learned Mediator has tendered his Report dated 30 th March 2023 in which it is recorded that the parties have amicably resolved their disputes and have executed the Consent Terms in the presence of their advocates. The Report of the Mediator is taken on record and marked as "X-1". (ARIF S. DOCTOR, J.)