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Bombay High CourtTS/12/2024consent term

Surendranath Narayan Pulyadath v. K V Ramachandran S/O. K C Karunakaran (Defenadant No.1)

2025-03-11Hon'Ble Justice Shri Arif S. Doctor2 pages

Digitally signed by MEERA MAHESH JADHAV Date:

2025.03.13 17:51:58 +0530 1/2 11-TS-12-24.doc MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 12 OF 2024 IN TESTAMENTARY PETITION NO.1328 OF 2023 Surendranath Narayan Pulyadath ...Plaintiff

Versus

K. V. Ramchandran s/o K. C. Karunakaran ...Defendant ---- Mr. Aseem Naphade a/w Ms Drushti Madhani i/b Bhavake and Associate for Plaintiff.

Mr. Anish Karande i/b Mr. Kartik Vig for Defendant Nos.1 to 4 and 8 to 10. Mr. Anurag Ramekar for Defendant Nos.5 to 7.

---- CORAM : ARIF S. DOCTOR, J.

th MARCH 2025 DATED : 11 P.C. :

At the outset, the learned counsel appearing for plaintiff tendered draft amendment. There is no opposition to the same being allowed. Hence the same is taken on record and marked "X-1" for identification. Amendment to be carried out within one week from today. Mr. Karande and Mr. Ramekar undertake to file vakalatnama in respect of the newly added defendants. The parties have today entered into consent terms, by which the disputes and differences in the caption suit have been amicably resolved in terms of the consent terms. The execution of the consent terms is supported by the report dated 11 th March 2025 of the Associate of this court. The report inter alia records as follows:

Meera Jadhav

2/2 11-TS-12-24.doc "All the Signatories have admitted the contents of the consent terms. The consent term are duly signed by the parties out of their free will without any undue influence and coercion. The consent term are duly executed by the signatories."

The consent terms are taken on record and marked "X" for identification. Both the learned counsel confirm that the consent terms do not touch upon any issue which travels beyond the scope of the suit neither do they affect or afford to affect right of any parties who is not party to the suit. Accepting the assurance of the learned counsel, the suit stands disposed of in terms of the consent terms. Refund of court fees shall be as per Rule.

A soft copy of the Consent Terms will be uploaded as the second order in the matter. The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course.

(ARIF S. DOCTOR, J.) Meera Jadhav