Dipti Manojkumar Trivedi And 2 ORS v. Mahesh Govind Trivedi And ANR

APP. 667-16 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL No. 667 OF 2016 IN TESTAMENTARY SUIT No. 11 OF 2012 WITH NOTICE OF MOTION No. 2919 OF 2016 Dipti Manojkumar Trivedi & Ors.

...

Appellants / Applicants Vs.

Mahesh Govind Trivedi & Anr.

...

Respondents *** Mr. Chinmaya Acharya, for the Appellants / Applicants. Mr. Yadunath Choudhary a/w Omkar Kulkarni i/b Reena Salunkhe, for Respondent No. 1.

*** CORAM : V. M. KANADE, & C. V. BHADANG, JJ.

DATE : APRIL 5, 2017 PC.

1.

Learned counsel appearing on behalf of the Appellants and the Respondent No. 1 submitted that the dispute between the appellant and Respondent No. 1 has been amicably settled. It is submitted that Respondent No. 2 may be permitted to be deleted from the array of parties since he is a formal party. Leave to delete name of 1 / 2

APP. 667-16 Respondent No. 2 is granted. Consent terms are signed by the Appellant and the Respondent No. 1 and their respective advocates. Parties are present in the Court. The probate granted by the Court on 30th December, 2015 is accepted by the Appellants. Consent terms are taken on record. Appeal is disposed of in terms of consent terms. Undertaking, if any, given by the parties in the consent terms, is accepted.

2.

In view of disposal of the appeal, Notice of Motion No. 2919 of 2016 filed therein does not survive and is accordingly disposed of.

Sd/- Sd/- [C. V. BHADANG, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2