Hansa Shantikumar Dalal And ANR v. Amberish S. Dalal

905-TS184-15.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 184 OF 2015 IN TESTAMENTARY PETITION NO. 446 OF 2015 WITH CHAMBER SUMMONS (L) NO. 23 OF 2016 AND CAVEAT NO. 254 OF 2015 Hansa Shantikumar Dalal & Anr.

...Plaintiffs

Versus

Amberish S. Dalal ...Defendant Mr. Sean Wassoodew, for the Plaintiffs.

Mr. Ruchir Tolat, i/b M/s. L. C.

Tolat & Col, for the Defendant.

CORAM: G.S. PATEL, J DATED:

10th August 2016 PC:- 1.

The Testamentary Suit is settled. Consent Terms are tendered. These are signed by the two Plaintiffs and by the Defendant. The 2nd Plaintiff and the Defendant are personally present in Court.

10th August 2016

905-TS184-15.DOC 2.

I have seen the Consent Terms and I am satisfied that these are not contrary to law, have been drawn by the parties of their own volition and reflect the parties' true intentions. The Consent Terms are taken on record and marked "X" for identification. The undertakings in the Consent Terms are accepted as undertakings to the Court.

3.

Clause (2) of the Consent Terms provide that the Caveats dated 24th July 2015 filed by the Defendant is to be withdrawn. The Defendant has granted his no objection to the probate being issued. 4.

Drawn up order for withdrawal of the Caveat is dispensed with.

5.

The Suit is disposed of in accordance with the Consent Terms. Probate is directed to be issued on a priority basis. Refund of court fee, if any, in accordance with the Rules. 6.

In view of this, the Chamber Summons does not survive and is disposed of as infructuous.

7.

All certified copies are expedited.

8.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 10th August 2016