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Bombay High CourtTS/90/2026disposed off

Deepak Nari Kripalani (Plaintiff) v. Manjeet Nari Kripalani (Defendant)

2026-03-30Hon'Ble Shri Justice Milind N. Jadhav16 pages

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 SUIT NO.90 OF 2026 IN TESTAMENTARY PETITION NO.5528 OF 2024 Nari Manghanmal Kripalani .. Deceased Deepak Nari Kripalani .. Petitioner

Versus

Manjeet Nari Kripalani .. Defendant ....................

 Mr. Nikhil M. Sansare, Advocate for Plaintiff.  Mr. Aaditya Miskita a/w. Ms. Aayshi Gohil, Advocates i/by M.T. Miskita & Co. for Defendant.

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

CORAM

: MILIND N. JADHAV, J.

DATE : MARCH 30, 2026 P.C.

:

1.

Mentioned out of turn.

2.

Heard Mr. Sansare, learned Advocate for Plaintiff and Mr. Miskita, learned Advocate for Defendant.

3.

This Petition seeks Letters of Administration in respect of the properties and credits of deceased. in respect of the last Will and Testament of Nari Manghanmal Kripalani.

4.

Parties have amicably settled the dispute and filed Consent Terms dated 30.03.2026. They are taken on record and marked 'X-1' for identification.

5.

They are totally running into 14 pages and are executed by Corrected / modified order as per speaking to minutes of order dated 17.04.2026. 1 of 16

Plaintiff; Defendant and their respective Advocates. 6.

For reference and convenience, Consent Terms dated 30.03.2026 are scanned and reproduced below:- Corrected / modified order as per speaking to minutes of order dated 17.04.2026. 2 of 16

Corrected / modified order as per speaking to minutes of order dated 17.04.2026. 3 of 16

Corrected / modified order as per speaking to minutes of order dated 17.04.2026. 4 of 16

Corrected / modified order as per speaking to minutes of order dated 17.04.2026. 5 of 16

Corrected / modified order as per speaking to minutes of order dated 17.04.2026. 6 of 16

Corrected / modified order as per speaking to minutes of order dated 17.04.2026. 7 of 16

Corrected / modified order as per speaking to minutes of order dated 17.04.2026. 8 of 16

Corrected / modified order as per speaking to minutes of order dated 17.04.2026. 9 of 16

Corrected / modified order as per speaking to minutes of order dated 17.04.2026. 10 of 16

Corrected / modified order as per speaking to minutes of order dated 17.04.2026. 11 of 16

Corrected / modified order as per speaking to minutes of order dated 17.04.2026. 12 of 16

Corrected / modified order as per speaking to minutes of order dated 17.04.2026. 13 of 16

Corrected / modified order as per speaking to minutes of order dated 17.04.2026. 14 of 16

7.

Parties who have executed Consent Terms are present before the Court. They are identified by their respective Advocates. They confirm execution of the Consent Terms to the Court. Corrected / modified order as per speaking to minutes of order dated 17.04.2026. 15 of 16

8.

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.

The parties have requested this Court to allow the Defendant to act as Executor in respect of Last Will and Testament dated 24th February 1998 and Codicil dated 6th June 2001 executed by the deceased and Defendant be allowed to convert the present Petition from Testamentary Petition for Letters of Administration to Testamentary Petition for Probate. Therefore as per the Consent Terms the Defendant has agreed to act as the Executor as stated in the Will and Codicil and Letters of Administration or Probate was sought of the Defendant and not the Plaintiff in the present Suit. 11.

For the averments mentioned in the Petition and the above Consent Terms, Testamentary Petition No.5528 of 2024 is allowed in terms of the relief prayed. Testamentary Suit No.90 of 2026 is disposed.

12.

Testamentary Department is directed to issue grant / Letters of Administration having effect throughout the State of Maharashtra subject to all other compliances and strictly in accordance with law within a period of three weeks from today positively. H. H. SAWANT [ MILIND N. JADHAV, J. ] by AJAY TRAMBAK UGALMUGALE Date: 2026.04.18 19:34:29 +0530 Corrected / modified order as per speaking to minutes of order dated 17.04.2026. 16 of 16 AJAY TRAMBAK UGALMUGALE