Barkha Navin Agrawal v. Vimi Atul Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 78 OF 2018 IN TESTAMENTARY PETITION NO. 565 OF 2018 Barkha Navin Agrawal ...Plaintiff
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Vimi Atul Anand ...Defendant TOGETHER WITH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 142 OF 2018 Vimi Gogia urf Anand ... Plaintiff
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Barkha Gogia Urf Agarwal ... Defendant MINUTES OF THE CONSENT ORDER
1. The parties to the above two (2) suits are sisters namely; Smt. Barkha Navin Agrawal (Plaintiff /Petitioner in the Testamentary Suit No.78 of 2018 and the Defendant in Suit No. 142 of 2018) and Mrs. Vimi Anand (Caveator in Testamentary Suit No.78 of 2018 and the Plaintiff in Suit No.142 of 2018).
2. The parties have settled their dispute which is subject matter of the aforesaid cases, by entering into the Minutes of Consent Order by way of Family Settlement Arrangement ("Consent Terms") dated 15 September 2021 with enclosed draft deed of
assignment, which is taken on record and marked as "X" for identification. The parties confirm the execution of the Consent Terms by remaining present in the Court through Video Conference along with their respective advocates being present physically in court.
3. The said Consent Terms are taken on record of both the cases of the cause title and they shall form the part of this order for the purpose of issuing the decrees in terms of the said consent terms.
4. The parties undertake to the Court to comply with the terms of settlement as contained in the Consent Terms. The undertakings given parties in the Consent Terms are accepted as undertakings to this Court.
5. In the event of breach of the Consent Terms by either party, the consequences contemplated therein shall follow.
6. The above two suits are disposed of in terms of the Consent Terms. Decrees in both suits be drawn up in terms of the consent terms expeditiously.
7. All parties and other authorities, including the office of SubRegistrar to act upon authenticate copy of this order accepting these Consent Terms, for the purposes of registration of the Deed of Assignment enclosed to the Consent Terms whereby Mrs. Vimi Anand has undertaken to transfer /assign her 20% share in the Chembur Property (defined in the Consent Terms)
in favour of Mr. Navin Agrawal, without waiting for a formal copy of the Letters of Administration.