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Bombay High CourtTS/108/2016consent term

Vijay Mahendra Joshi v. Ghanshyam Kamlashankar Joshi

2016-11-16Hon'Ble Shri Justice G.S. Patel2 pages

59-TS108-16.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 108 OF 2016 IN TESTAMENTARY PETITION NO. 2071 OF 2015 Vijay Mahendra Joshi ...Plaintiff

Versus

Ghanshyam Kamlashankar Joshi ...Defendant Mr. A. R. Bapat, for the Plaintiff.

Ms. Neeta Solanki, i/b Kiran Jai & Co., for the Defendant. CORAM: G.S. PATEL, J DATED:

16th November 2016 PC:- 1.

The Suit is settled. Consent Terms are tendered. These are signed by both the parties and their respective Advocates. Both parties are personally present in Court.

2.

I have seen the Consent Terms. They are in order. They are not contrary to law and they appear to reflect the parties' true intentions and have been drawn by the parties of their own volition. The Consent Terms are taken on record and marked "X" for identification. The undertakings in the Consent Terms, if any, are accepted as undertakings to the Court.

16th November 2016

59-TS108-16.DOC 3.

I will dispense with the requirement of service through the Sheriff's Office on the named heirs. Service will be effected on them by the Petitioner through a reputed international courier service or agency such as Blue Dart, DHL, FedEx or UPS with proof of acknowledgement of service. An Affidavit of service is to be filed after service is effected. It will not be necessary for the Plaintiff to effect service through the Sheriff's Office in regard to these heirs. 4.

On service, an Affidavit of Service will be filed. Subject to this and to the consent being obtained, Probate to be issued expeditiously.

(G. S. PATEL, J.) 16th November 2016