Saryu Bipinchandra Gandhi And 2 ORS. v. Nipani Dhaval Gandhi And 3 Others

Digitally signed by MUGDHA M PARANJAPE Date:

2023.03.01 18:13:53 +0530 MUGDHA M PARANJAPE 1 903-TS 34-22 in TP 2403-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO.34 OF 2022 IN TESTAMENTARY PETITION NO.2403 OF 2021 Saryu Bipinchandra Gandhi & Ors.

... Plaintiffs V/s.

Nipani Dhaval Gandhi & Ors.

... Defendants WITH CAVEAT NO.49 OF 2022 (NOT ON BOARD) ----- Mr. Bhavik Mehta a/w Mr. Prakruti Joshi i/by M/s. Dhruve Liladhar and Company for the Plaintiffs.

Mr. Dhawani Bokaria i/by M/s. Purnanand and Company for the Defendants. Plaintiff Nos. 1 and 3 and Defendant Nos.1 to 4 are present in person. Plaintiff No.2 is present through VC.

----- CORAM :

ARIF S. DOCTOR, J.

DATE :

28TH FEBRUARY 2023 P.C. :

1.

The present Testamentary Suit has been filed for issuance of Probate of the last Will and Testament of one Bipinchandra Chimanlal Gandhi, who passed away on 15/02/2020, leaving behind his last Will and Testament dated 05/04/2017.

Mugdha

2 903-TS 34-22 in TP 2403-21.doc 2.

The parties have today tendered Consent Terms by which all disputes and differences between them stand resolved. The Consent Terms have been duly signed by the Plaintiffs as also the Defendants and their respective advocates. The Consent Terms are taken on record and marked 'X' for identification. The undertakings given in the Consent Terms are accepted as undertakings to the Court.

3.

The parties are present in the Court and are identified by their respective Advocates. Plaintiff No.2 is present virtually through video conferencing. He is identified by his Advocate Mr. Bhavik Mehta. 4.

Testamentary Suit is therefore decreed in terms of the Consent Terms. There shall be no order as to costs.

5.

In view of disposal of the Testamentary Suit, Caveat No.49 of 2022 thus became infructuous, hence disposed of accordingly. (ARIF S. DOCTOR, J.) Mugdha