Suit for administration of deceased estate and payment of plaintiff's share was disposed of upon settlement. Both parties entered signed consent terms, plaintiff received Rs.11 lakhs via cheque, and dispute was resolved.
Suit disposed of in terms of consent terms; Rs.11 lakhs handed over to plaintiff; parties bound no further claim.
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NMS2543-10
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2543 OF 2010 IN SUIT NO.2469 OF 2010
Krishna Kailashnath Khosla
.. Plaintiff
Versus
Janet Khosla & Ors .. Defendants
Mr.R. Narula a/w Mr.U.V.Sheth i/by Bimal Rajasekhar for the plaintiff.
Mr.Prag Shah a/w Mr.Mehul Shah i/by Mahesh Shah & Co for the defendants.
CORAM : S.C.DHARMADHIKARI, J.
DATE : 23rd December 2010.
P.C.:
1] This is a suit for administration of the estate of the deceased
Vijay Khosala and for payment of plaintiff’s share, which she has computed to the extent of 1/4th in the said estate. The notice of motion
was placed before the Court for ad-interim reliefs and at the request of
plaintiff’s Advocate the matter was listed for ad-interim reliefs. At
that stage after prolonged negotiations and discussions both sides
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agree to settle the matter and the tentative terms and in principle agreement was recorded in my order dated 22nd December 2010.
2] Today when the matter was called out, both sides tender consent terms duly signed by the plaintiffs and defendants and the plaintiff records that post dated cheques in the sum of Rs.11 lakhs as agreed have been handed over to her.
3] The consent terms are duly signed by the plaintiff and defendant
No.1 to 3, some of whom have signed through their duly constituted attorney are taken on record and marked “X” for identification. It is recorded that these terms put an end to the disputes between the plaintiff and the defendants and the plaintiffs will have no claim of whatsoever nature against the defendants on encashment of the sum of Rs.11 lakhs.
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administration of the estate of the deceased having been settled, there is no impediment in passing an order in terms of consent terms. The terms are taken on record and marked “X” for identification. There will be an order in terms of consent terms. The suit is disposed of accordingly. Undertakings in clauses 3 to 5 are accepted. Refund of court fees as per rules. No costs.
(S.C.DHARMADHIKARI, J)
S.C. Dharmadikari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
