Nina Dharamsy Kapadia v. Bimla Indravadan Joshi And ANR.
by LAXMIKANT GOPAL CHANDAN Date:
2023.04.26 11:38:56 +0530 LAXMIKANT GOPAL CHANDAN 1 (910) TS-137.17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO.137 OF 2017 IN TESTAMENTARY PETITION NO.754 OF 2017 Ms.Nina Dharamsy Kapadia : Plaintiff versus Bimla Indravadan Joshi and ors.
: Defendants.
WITH INTERIM APPLICATION (L) NO.21026 OF 2021 IN TESTAMENTARY SUIT NO.137 OF 2017 WITH NOTICE OF MOTION NO.291 OF 2017 IN TESTAMENTARY SUIT NO.137 OF 2017 ----- Mr. R.A.Shah a/w Mr. Aditya Sarangarajan and Mr. Kanak Kadam i/by Mansukhlal Hiralal and Co. for the Plaintiff/Petitioner. Mr. Dimple Vora i/by Markand Gandhi & Co. for the Defendants. Ms. Nina D Kapadia - Plaintiff present.
Mr. Bimal I. Joshi - Defendant No.1 present.
Mr. Jay I Joshi - Defendant No.2 present.
Mr. Indravadan R. Joshi - Defendant No.3 present. ----- CORAM :
ARIF S. DOCTOR, J.
st APRIL 2023 DATE :
2 (910) TS-137.17.doc P.C. :
1.
Today, when the matter was called, this Court directed the Learned Advocates for the parties to approach the alternate Bench since this Court was not inclined to take up the present matter. However, the Learned Advocates submitted that since the parties had arrived at a settlement and today all of them are present in Court with duly executed Consent Terms, this Court may take up the matter and dispose it of in terms of the Minutes of the order handed in.
2.
The Defendants and their Learned Advocate submitted that they have no objection to this Court taking up the matter and passing appropriate orders, since two of the Defendants are travelling overseas tomorrow and it would be inconvenient for them to approach the alternate Bench at such a short notice. 3.
Given the consent of all the parties who are present in Court today, the matter is taken up for passing orders.
4.
The Plaintiff and Defendant Nos.1 to 3 are present in Court. They have been identified by their respective Advocates. They stated that they have signed the Consent Terms as well as Minutes of Order of their own free will and volition. The Consent Terms and Minutes of Order are taken on record. The
3 (910) TS-137.17.doc Consent Terms are marked "X" for identification and appended to this order. 5.
Hence the following order is passed in terms of the Minutes of Order handed in.
i.
Resignation of Plaintiff/Petitioner as the executor of the Last Will and Testament dated 06.09.2007 of Rajni Indravadan Joshi is hereby accepted and the Defendant No.3 is hereby accepted as the Executor of the Last Will and Testament dated 06.09.2007 of Rajni Indravadan Joshi by consent of the partners in place and instead of the Plaintiff/Petitioner.
ii.
The Defendant No.3 as the executor has applied for consequential amendment of the petition in terms of the proposed amendment annexed to the Consent Terms as Annexure "A" (which includes the amendment to be carried out to the schedule of assets consisting of shares mentioned in Ex.1 to the Annexure "A" to the Consent Terms which are the shares belonging to the deceased in the physical form (not demated) and to be added as item nos. 1 to 325 which are not included in the petition when it was filed). The Defendant No.3 in his capacity as the executor shall carry out the said amendment within 15 days from the date of this order being uploaded. iii.
The Defendants are hereby permitted to carry out necessary
4 (910) TS-137.17.doc amendments to give the effect to the Consent Terms including the change of name to the Executor from the Plaintiff to the Defendant No.3 and the consequential amendments as also amendment to the schedule as set out in the Consent Terms in particular Clause 5 of the Consent Terms.
iv.
By consent of parties, the Learned Prothonotary and Senior Master of this Court to issue the Probate of Will dated 6.9.2007 of the Deceased to Defendant No.3 pursuant to the amendments carried out in the Petition as stated hereinabove. Considering the age of Defendant No.3 (executor) i.e. 82 years, the process of issuing probate is expedited and the office to grant the probate expeditiously. v.
Undertakings of the parties are accepted as the undertakings given to the Court.
vi.
Refund of Court Fees as per the Rules.
vii.
Issuance of certified copy expedited.
viii.
The office to proceed accordingly.
ix.
All interim/interlocutory applications, if any, stand disposed of. x.
No order as to costs.
(ARIF S. DOCTOR, J.)
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