Harish Vrindavan Parekh And ANR v. Jyotsna Jaywant Mehta

ppn 1 5.ts-109.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO.109 OF 2014 in TESTAMENTARY PETITION NO.313 OF 2014 Harish Vrindavan Parekh & Anr.

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Plaintiffs/Petitioners Vs.

Ram Jaywant Mehta & Ors.

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Defendants/Respondents --- Mr.Sudhakar Lakhani for the plaintiffs/petitioners. Mr.Vishal Talsania a/w Mr.Amish Parmar i/by M/s.RKM Legal Services for the defendant no.1.

Mr.Raj Mehta, defendant no.1 in person present. Ms.Jyotsna Jaywant Mehta, defendant no.2 in person present. Mr.Dilip Prataprai Mehta, defendant no.3 in person present. Ms.Padminiben Gausang Parekh, defendant no.4 in person present. Ms.Tulsi Jaywant Mehta, defendant no.5 represented by her constituted attorney and mother of Mrs.Sharna Jaywant Mehta. --- CORAM : R.D. DHANUKA, J.

DATE : 20th June 2017 P.C. :

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Learned counsel appearing for the plaintiffs tenders a draft amendment to implead four parties as defendant nos.2 to 5 who are also proposed to be parties to the consent terms in the Testamentary Suit No.109 of 2014. All the parties are present in Court. 2.

Learned counsel appearing for the defendant no.1 and four parties who are sought to be impleaded are present in Court have no objection if the amendment is allowed as prayed in terms of the draft amendment. Statement is accepted.

ppn 2 5.ts-109.14.doc 3.

Leave to amend is granted. Amendment to be carried out within one week from today. Re-verification is dispensed with. 4.

Learned counsel for the plaintiffs and for the defendant no.1 and newly added parties as defendant nos.2 to 5 have tendered consent terms duly signed by the respective parties and signed by the learned advocate representing the plaintiffs and the defendant no.1. Signatures of the plaintiffs and the defendant no.1 are identified by their respective advocates. The defendant no.5 has signed the consent terms through a constituted attorney and has annexed a copy of the power of attorney to the consent terms. The defendant nos.2 to 5 have produced their identity cards to prove the identity for perusal of this Court. This Court has verified the identity cards of the defendant nos.2, 3, 4 and of the constituted attorney of the defendant nos.5. The original identity cards are returned to the parties.

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Consent terms are taken on record and marked 'X' for identification. Undertakings recorded in the consent terms are accepted. 6.

Testamentary Suit No.109 of 2014 is disposed of in terms of the consent terms. Refund of Court fees, if any, as per the rules. R.D. DHANUKA, J.