Amit Vardhaman Shah (Paintiff) v. Sinu Roji (Defendant)

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO.643 OF 2024 Usha Thakurdas Mahtani .. Deceased Amit Vardhman Shah .. Petitioner WITH CAVEAT NO.191 OF 2025 IN TESTAMENTARY PETITION NO.643 OF 2024 Usha Thakurdas Mahtani .. Deceased Amit Vardhman Shah .. Petitioner

Versus

Sinu Rohi .. Caveator WITH TESTAMENTARY SUIT NO.164 OF 2025 IN TESTAMENTARY PETITION NO.643 OF 2024 WITH WILL NO.274 OF 2024 IN TESTAMENTARY PETITION NO.643 OF 2024 Usha Thakurdas Mahtani .. Deceased Amit Vardhman Shah .. Plaintiff

Versus

Sinu Rohi .. Defendant ....................

 Ms. Unnati Kalvani, Advocate i/by Mr. Dharmin Sampat for Petitioner / Plaintiff.

 Mr. Madhav Shah, Advocate i/by Mr. Siddharth Desai, Advocate for Defendants.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : MARCH 27, 2026 P.C.

:

1.

Mentioned out of turn.

2.

Heard Mr. Kalvani, learned Advocate for Petitioner / Plaintiff and Mr. Shah, learned Advocate for Defendants. 3.

This Petition seeks issuance of probate in respect of the last Will and Testament of Usha Thakurdas Mahtani. 4.

Parties have amicably settled the dispute and filed Consent Terms dated 17.03.2026.

5.

Consent Terms are taken on record and marked 'X' for identification.

6.

They are totally running into 7 pages and are executed by Advocate for Petitioner; Amit Vardhaman Shah, Petitioner (Executor); Advocate for Defendant; Sinu Roji, Defendant; Proposed Respondents - Darshan Sitaram Sonkar; Vinod Kumar Dargai Sonkar; Subhash Darshan Sonkar; Dinesh Kumar Darshan Sonkar and Chitra Mohan and Advocate for proposed Respondent.

7.

For reference and convenience, 7 pages of the entire Consent Terms dated 17.03.2026 are scanned and reproduced below:-

8.

Parties who have executed Consent Terms are present before the Court. They confirm execution of the Consent Terms to the Court.

Rights and obligations stated in the Consent Terms qua parties to the Consent Terms are taken as an undertaking given to this Court. All parties shall abide by the same.

9.

Order in terms of Consent Terms for disposal of Testamentary Petition.

10.

In view of settlement arrived between the parties and subject to the Consent Terms, issue probate in favour of Petitioner as stated in Consent Terms as prayed for in un-numbered prayer clause of the Petition which reads thus:- "The Petitioner prays the probate may be granted to Petitioner having effect throughout in India, Renouncing the rights of other executors viz. Dr. Manju Avtar Wadhwan for Probate and execution of the said Will."

11.

For the averments mentioned in the Petition and the above Consent Terms, Testamentary Petition No.643 of 2024 is allowed in terms of the relief prayed. Caveat No.191 of 2025 stands disposed. Testamentary Suit No.164 of 2025 is disposed. 12.

Testamentary Department is directed to issue grant / probate having effect throughout the State of Maharashtra subject to all other compliances and strictly in accordance with law within a period of two weeks from today positively.

H. H. SAWANT [ MILIND N. JADHAV, J. ] HARSHADA HANUMANT SAWANT HARSHADA HANUMANT SAWANT Date: 2026.03.27 18:19:00 +0530