Pervin Pervez Cooper v. Sam Burjor Cooper

sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO.79 OF 2025 Sam Burjor Cooper ... Deceased Pervin Pervez Cooper ... Plaintiff v/s.

Mehernosh Pirojshah Fitter ... Defendant WITH CAVEAT NO.92 OF 2025 IN TESTAMENTARY SUIT NO.79 OF 2025 WITH WILL NO.635 OF 2024 IN TESTAMENTARY SUIT NO.79 OF 2025 ______________________ Mr. Akshay Pawar a/w. Adv. Priyanka Acharrya i/by Adv. Damini Tahker for the Plaintiff.

Mr. Prabhu Velar for the Defendants.

________________________

CORAM

: Kamal Khata, J.

DATED : 31st July 2025.

P.C.:- 1.

The parties have amicably settled their disputes. The duly executed Consent Terms dated 31st July 2025 tendered are taken on record and marked 'X' for identification with today's date. The signatories have confirmed having executed Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2025.08.05 11:59:53 +0530 SUMEDH NAMDEO SONAWANE

the same of their own free will and without any coercion and undue influence. The Advocates have identified the signatures of their respective parties.

2.

I am satisfied that the Consent Terms are in order and not contrary to law and have been drawn by the parties of their own volition are in reflection of their true intentions. 3.

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

4.

The Suit is accordingly disposed of in terms of the Consent Terms.

5.

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.

6.

Court fees 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 and Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production 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. 7.

To effect the property transfers contemplated in the Consent Terms, liberty to the parties to present a certified or authenticated copy of these Consent Terms and a certified or an authenticated copy of this order before the Collector of Stamps or Sub-Registrar of Assurances, if required. 8.

All concerned to act on an authenticated copy of this Order.

(Kamal Khata, J.)