Hemant Jayant Shah v. Sunita Mohamed And ORS

1/2 10.TS-78-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO.78 OF 2015 WITH CAVEAT NO.103 OF 2015 WITH CAVEAT NO.104 OF 2015 IN TESTAMENTARY PETITION NO.1133 OF 2014 Hemant Jayant Shah ....Plaintiff Vs.

Sunita Mohamed and Ors.

....Defendants ---- Ms. Pooja Kshirsagar i/b. Mr. Yogesh Adhia for plaintiff. Mr. Hemant J. Shah, plaintiff present in person. Mr. Raj Patel a/w. Ms. Pinky Patel i/b. Desai and Diwanji for defendant nos.1 and 2 and newly added defendant no.3.

Ms. Sheetal Mehta for newly added defendant no.4. Mr. Ashutosh Mashruwala, defendant no.3 and constituted attorney of defendant nos.1 and 2 present in person.

Mrs. Kalpana Shah, defendant no.4 present in person. ---- CORAM : K.R.SHRIRAM, J.

DATE : 5th MAY, 2017 P.C.:

Counsel for plaintiff and counsel for defendants state that by consent, Mr. Ashutosh Pravin Mashruwala and Mrs. Kalpana Hemant Shah be added as defendant nos.3 and 4 respectively. Mr. Patel states that he is appearing for defendant nos.1,2 and 3 and undertakes to file Vakalatnama on behalf of newly added defendant no.3. Ms. Mehta states that she will file Vakalatnama on behalf of newly added defendant no.4. These Vakalatnama to be filed within one week from today. Gauri Gaekwad

2/2 10.TS-78-2015.doc Leave to amend as per the draft amendment tendered and marked 'X' for identification, is granted. Amendment to be carried out forthwith. Re-verification dispensed with.

Parties have entered into consent terms dated 5th May, 2017. The consent terms signed by plaintiff, defendant no.3 for himself and as Constituted Attorney of defendant nos.1 and 2, and defendant no.4 and their respective advocates is taken on record and marked 'X-1' for identification. Mr. Patel states that an affidavit of defendant nos.1 and 2 confirming that they have authorised defendant no.3 to enter into this consent terms in addition to giving the Power of Attorney will be filed in the registry during the course of today. Statement accepted. Order in terms of the consent terms. All undertakings given in the consent terms are accepted and so ordered. Suit accordingly stands disposed. The petition is converted into an unopposed petition. The registry to take steps for grant of probate. No order as to costs. All parties to act on an authenticated copy of this order. (K.R. SHRIRAM, J.) Gauri Gaekwad