Dwijal Shrikant Ashar (Petitioner) v. Amit Shrikant Ashar (Respondent)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION (L) NO.23695 OF 2023 IN TESTAMENTARY PETITION NO. 234 OF 2018 Amit Shrikant Ashar ... Applicant/Petitioner v/s.

Chief Commissioner of Income Tax-1(A), Income Tax Department & ors.

... Respondents In the matter of Shrikant Mukundrai Ashar ...Deceased Amit Shrikant Ashar

...Petitioner

TESTAMENTARY SUIT NO.184 OF 2024 IN TESTAMENTARY PETITION NO.1429 OF 2024 Purnima Shrikant Ashar ... Deceased v/s.

Dwijal Shrikant Ashar ... Petitioner ______________________ Mr. Ankit Rajput i/by Mr. Rutvij Bhatt for the Applicant in IAL/23695/2023 and for the Respondent in TP/184/2024. Mr. Rajshekhar V. Govilkar, Senior Advocate, i/by Mr. Akash Kotechar for Respondent No.1.

by SANDHYA BHAGU WADHWA Date:

2025.07.15 15:29:31 +0530 SANDHYA BHAGU WADHWA

Mr. Abhay Dhadiwal a/w Ms. Vidhi Karia i/by Jayakar & Partners for the Plaintiff in TS/184/2024 and for Respondent No.2 in IAL/23695/2023.

________________________

CORAM

: Kamal Khata, J.

DATED : 10th July 2025.

P.C.:- 1.

Parties have executed Consent Terms having settled their disputes. The Consent Terms tendered in both matters are taken on record and marked 'X' for identification with today's date. The Advocates have identified the signatures of the respective parties. The parties affirm that the Consent Terms have been executed voluntarily, of their own free will, and are a true reflection of their intentions, uninfluenced by any coercion or undue pressure.

2.

I am satisfied that the Consent Terms are in order, not contrary to law and have been drawn by the parties voluntarily as an expression of their true intent. 3.

The undertakings recorded in paragraph Nos. 10 to 20 of the Consent Terms are accepted as undertakings to the Court.

4.

The present Suit, Petitions and the Interim Application stand disposed of in terms of the Consent Terms.

5.

The Registry shall ensure that the hard copy of the signed Consent Terms is permanently retained as part of the Court record and is not destroyed 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 thereto, today's date shall be considered the date of claim for refund. The Prothonotary and Senior Master will issue a certificate for a refund of Court Fees, which shall be acted upon 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 is granted 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 the Sub-Registrar of Assurances, if so required.

(Kamal Khata, J.)