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Bombay High CourtTP/742/2007withdrawn

Dharmesh Kishor Panchal v. Keshavram Pitambardas Panchal

2015-09-23Hon'Ble Shri Justice G.S. Patel2 pages

917-TP-742-07.DOC Sharayu.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 742 OF 2007 Dharmesh Kishor Panchal

...Petitioner

AND NOTICE OF MOTION NO. 83 OF 2007 IN TESTAMENTARY PETITION NO. 742 OF 2007 Dharmesh Kishor Panchal

...Petitioner

Versus

Mr. Kishor Keshavram Panchal & Ors.

...Respondents

ALONG WITH TESTAMENTARY PETITION NO. 1215 OF 2013 Mr. Suresh Keshavram Panchal

...Petitioner

None for the Petitioner in TP 742 of 2007.

Mr. Prakash Shah, i/b M/s. Prakash & Co., for the Petitioner in TP 1215 of 2013.

CORAM: G.S. PATEL, J DATED:

23rd September 2015 PC:-

917-TP-742-07.DOC 1.

As pointed out by Mr. Shah for the Petitioner in Testamentary Petition No. 1215 of 2013, the Consent Terms filed on 7th August 2008 in Suit No. 3008 of 2007 required the present Petition No. 742 of 2007 to be withdrawn by the Petitioner, Dharmesh Kishor Panchal. It seems that Mr. Panchal has, for the reasons that are not entirely clear, not done so. 2.

Mr. Panchal must be held to the provisions of Consent Terms to which he is party and which he signed. The present Petition is dismissed. There will be no order as to costs. 3.

Notice of Motion No. 83 of 2007 is also dismissed in consequence.

4.

All concerned to act on authenticated copy of this order. (G. S. PATEL, J.) CERTIFICATE "Certified to be true and correct copy of the ori ginal signed Judgment/Order.

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