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Bombay High CourtIA/258/2026disposed off

Maharukh Rusi Katrak v. Fali Naval Davar

2026-04-09Hon'Ble Shri Justice Milind N. Jadhav11 pages

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 151 OF 2025 WITH INTERIM APPLICATION NO. 258 OF 2026 Marukh Rusi Katrak .. Plaintiff

Versus

Fali Naval Davar .. Defendant WITH TESTAMENTARY PETITION NO. 516 OF 2025 ....................

 Mr. Jay Joshi a/w Mr. Manas Shah i/by M/s. I.R. Joshi & Co., Advocates for Plaintiff  Mr. Agnel Carneiro a/w Mr. Tushar Cooper & Mr. Smith Barboz i/by M/s. Mulla & Mulla & Craigie Blunt & Caroe, Advocates for Defendant ...................

CORAM : MILIND N. JADHAV, J.

DATE : APRIL 9, 2026 P. C.

:

1.

Heard Mr. Joshi, learned Advocate for Plaintiff and Mr. Carneiro, learned Advocate for Defendant.

2.

Testamentary Petition No. 516 of 2025 is not on board today. It is taken on board.

3.

Draft amendment tendered by Mr. Joshi is taken on record and marked "X" for identification. In view thereof, amendment is permitted to be carried out in the Suit offline as also online within a period of one week from today. Reverification stands dispensed with. Corrected / modified order as per speaking to minutes of order dated 15.04.2026. 1 of 11

4.

Dispute in the present Suit between the Plaintiff and Defendant has been settled. Plaintiff and Defendant has entered into Consent Terms dated 09.04.2026. Consent Terms are signed by Plaintiff Nos. 1 and 2, Defendant as also their respective Advocates. Parties executing the Consent Terms are present before this Court and have been identified by their respective Advocates. They confirm execution of the Consent Terms. Consent Terms are running into 9 pages. They are taken on record and marked "X-1" for identification. Parties shall be entitled for certified copy of the Consent Terms if they desire. For the purpose of reference and convenience, Consent Terms are scanned and reproduced below:- Corrected / modified order as per speaking to minutes of order dated 15.04.2026. 2 of 11

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5.

All rights and obligations mentioned in the Consent Terms qua the respective parties are taken as undertaking given to the Court and parties shall abide by the same.

6.

Suit is disposed in terms of the Consent Terms. Pending Interim Application is disposed. Testamentary Petition No. 516 of 2025 is also disposed.

7.

As agreed between the parties in paragraph No. 11 of the Consent Terms, grant shall be issued in favour of Defendant within a period of two weeks from today which is as agreed in Testamentary Petition No 516 of 2025.

8.

Liberty to apply.

9.

All parties to act on a server copy of this order downloaded from Bombay High Court website.

Amberkar [ MILIND N. JADHAV, J. ] Digitally signed by RAVINDRA MOHAN AMBERKAR Date:

2026.04.15 15:10:13 +0530 RAVINDRA MOHAN AMBERKAR Corrected / modified order as per speaking to minutes of order dated 15.04.2026. 11 of 11