Cecelia Mayer James Isidor Dalmedia v. Mayer Isidor Dalmedia @ Mayer James Isidor Dalmeida (Deceased) And Amin Mehboob Daulat Khan

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 2544 OF 2019 WITH CAVEAT (L) NO. 10 OF 2020 WITH WILL NO. 971 OF 2019 IN TESTAMENTARY PETITION NO. 2544 OF 2019 Amin Mehboob Daulat Khan

...Petitioner

And Mr. Mayer James Isidor D'almeida ...Deceased ---------- Amin Mehboob Daulat Khan, Petitioner in person present. Ms. Meena Ruparel for the Caveator.

---------- AND TESTAMENTARY SUIT NO. 145 OF 2019 IN TESTAMENTARY PETITION NO. 654 OF 2019 WITH SHARAYU PANDURANG KHOT CAVEAT NO. 185 OF 2019 by SHARAYU PANDURANG KHOT Date:

2022.05.07 13:25:08 +0530 WITH TESTAMENTARY PETITION NO. 654 OF 2019 1/5

Cecelia Mayer James Isidor Dalmeida

...Petitioner

And Mayer Isidor Dalmedia alias Mayer James Isidor D'almedia ...Deceased ---------- Ms. Meena Ruparel for the Petitioner Amin Mehboob Daulat Khan, Caveator in person present. ---------- CORAM : R.I. CHAGLA J DATE :

2 May 2022 ORDER :

1.

Testamentary Suit No. 145 of 2019 in Testamentary Petition No. 654 of 2019 is not on board. Taken on board. 2.

The parties have settled their disputes. Consent Terms dated 27th April 2022 are tendered. The Consent Terms are taken on record and marked 'X' for identifcation with today's date. These are signed by the Petitioner and the Caveatrix. The Petitioner appears in person and is present in Court. The learned Advocate for the Caveator is also signed the Consent Terms.

3.

I am satisfed that the Consent Terms are in order, 2/5

not contrary to law and have been drawn by the parties of their own volition in refection of their true intentions. 4.

The undertakings, if any, in the Consent Terms being accepted as undertakings to the Court.

5.

In paragraph 9, it is stated that the Petitioner is unconditionally withdrawing the above Testamentary Petition No. 2544 of 2019 as well as unconditionally withdrawing the Caveat No. 185 of 2019 fled by the Petitioner in Testamentary Petition No. 654 of 2019.

6.

In view thereof, Testamentary Petition No. 2544 of 2019 is disposed of as withdrawn in accordance with the Consent Terms.

7.

Caveat No. 185 of 2019 fled by the Petitioner in Testamentary Petition No. 654 of 2019 is discharged. Caveat (L) No. 10 of 2020 in Testamentary Petition No. 2544 of 2019 is also discharged.

3/5

8.

In view of discharge of Caveat, Testamentary Suit No. 145 of 2019 in Testamentary Petition No. 654 of 2019 does not survive and is disposed of.

9.

In view of the disposal of Testamentary Suit No. 145 of 2019, offce to process Testamentary Petition No. 654 of 2019.

10.

Drawn up decree/ order is dispensed with unless the parties seek drawn up decree/ order, in which case they are entitled to apply.

11.

A soft copy of the Consent Terms will be uploaded as the second order in the matter.

12.

The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on fle as part of the record and is not sent for destruction in the ordinary course.

13.

Court fees in Testamentary Petition No. 2544 4/5

of 2019 are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certifcate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application.

[R.I. CHAGLA J.] 5/5