Foram Rasbihari Desai Alias Foram Desai A.K.A. Foram Payak v. Sharmela Remesh Iyer

901-TS148-2024.DOC SANTOSH SUBHASH KULKARNI Santosh SANTOSH SUBHASH KULKARNI Date: 2024.08.07 18:32:16 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION TESTAMENTARY SUIT NO. 148 OF 2024 Foram Rasbihari Desai ...Plaintiff

Versus

1. Sharmela Iyer

2. Nikhil Iyer ...Defendants Mr. Aditya Raut, a/w Shaymdhar Upadhyay, i/b Desai Desai Carrimjee & Mulla, for the Plaintiff.

Ms. Simantini Mohite, a/w Robin Fernandes, Sukrit Parashar and Adrianna Lillyan Thangkhiew, i/b Vesta Legal, for the Defendants/Ori. Caveators.

CORAM:

N. J. JAMADAR, J.

DATED :

6th AUGUST, 2024 PC:- 1.

Heard the learned Counsel for the parties.

2.

The learned Counsel for the parties submit that the parties have amicably resolved the dispute and have also executed the Consent Terms.

3.

The learned Counsel for the parties seek leave to tender the Consent Terms.

4.

Foram Rasbihari Desai, the plaintiff, is present before the Court. Sharmela Iyer and Nikhil Iyer, Defendant Nos.1 and 2, are present before the Court through Video Conferencing. The plaintiff and defendant Nos.1 and 2 submit that they have executed the Consent Terms.

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901-TS148-2024.DOC 5.

Upon being enquired, the plaintiff and defendant Nos.1 and 2 state that they have read and understood the contents of the Consent Terms and they admit the same. The parties admit the execution of the Consent Terms and their signatures thereon. They are identified by their respective Advocates. 6.

Consent Terms are taken on record and marked "X". 7.

TS/148/2024 stands decreed in accordance with the Consent Terms (X).

8.

The Consent Terms (X) shall form part and parcel of the decree.

9.

TP/482/2021 stands disposed as withdrawn. The Caveats filed by the defendants being Caveat (L) No.15418 of 2021 and Caveat (L) No.15420 of 2021 also stand disposed as withdrawn.

10.

Defendant No.1 has agreed not to implement the grant of Letters Administration dated 28th September, 2020 in TP/2834/2019.

11.

The rest of the undertakings in the Consent Terms (X) are accepted as the undertakings to the Court.

12.

All concerned to act on the basis of this order. [N. J. JAMADAR, J.] 2/2