Disposed

falguni wd/o mehul joshi and Anr. v. purnima padmanabh joshi and Ors.

Bombay HC25 Nov 2011NMS/96/2007

Case brief

AI extract

What is this about?

The High Court of Bombay disposed of a motion seeking implementation of consent terms in a succession suit. The order records payment directions for monetary shares to the widow and minor heir, leaving a flat to the mother, and sets terms for future insurance proceeds.

What did the court decide?

Implementation of consent terms directing payment of ₹9.53 lacs to Plaintiff No. 1, ₹14.24 lacs to minor Plaintiff No. 2, and payment of ₹6.77 lacs by Defendants to Plaintiffs.

falguni wd/o mehul joshi and Anr. Vs purnima… — Succession and Inheritance | Bombay HC (2011)

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1 3.nms-96-07

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I N THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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jmi

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NOTICE OF MOTION NO. 96 OF 2007 IN SUIT NO. 1016 OF 2003.

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Smt. Falguni wd/o. Mehul Joshi & Anr.

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..Plaintiffs.

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vs.

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Smt. Purnima Padmanabh Joshi & Ors. ..Defendants.

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Mr. Khandeparkar, i/b. M.P. Tekavde, for Plaintiffs. Mr. Prakash Muley, i/b. Mr. Gopal C. Poojary, for Defendant No.4. Mr. Padmanabh Joshi, Defendant No.2, present.

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CORAM : S.J. KATHAWALLA, J. DATE : 25TH NOVEMBER 2011.

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P.C. :

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Heard the Learned Advocate appearing for the Plaintiffs and Defendant No. 2 who appears in person for self and for Defendant No.1. The deceased Mehul Padmanabh Joshi was the husband of the Plaintiff No.1 and the father of minor Plaintiff No.2. The Defendant Nos. 1 and 2 are the parents of the deceased Mehul Joshi. Mr. Mehul Joshi died intestate on 7^th July 2002 after which the above Suit was filed by his widow for self and on behalf of the minor son against her in-laws claiming her share in the estate of the deceased Mehul. In the above Suit, consent terms dated 23^rd August 2004 were filed and the Suit was decreed in terms of the consent terms.

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The present Notice of Motion is taken out by the Plaintiffs against the Defendants seeking implementation of the consent terms. From the estate of the deceased which is realised till date, the

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2 3.nms-96-07

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Plaintiffs as well as the Defendants agree that an amount of Rs. 9.53 lacs is payable to the Plaintiff No. 1 and an amount of Rs. 14.24 lacs is payable to the minor Plaintiff No.2.

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The above amounts of Rs. 9.53 lacs and Rs. 14.24 lacs shall be paid to the Plaintiff Nos. 1 and 2 respectively, as follows :

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(i) Out of the total amount of Rs. 17 lacs deposited with the Prothonotary and Senior Master, an amount of Rs. 14.24 lacs shall be handed over by the Prothonotary and Senior Master to the Accounts Officer of the High Court who shall invest the said amount in the Nationalised Bank in the name of the minor Plaintiff No. 2 as agreed and recorded in clause 8 of the consent terms dated 23-8-04.

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(ii) The balance amount lying with the Prothonotary and Senior Master shall be paid to the Plaintiff No.1.

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(iii) In addition to above, the Defendants shall pay the amount of Rs. 6.77 lacs to the Plaintiffs on or before 1^st December 2011.

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Upon payment of the said amounts to the Plaintiff Nos. 1 and 2, the flat described in Item-I to the schedule to the consent terms i.e. Flat No. 1291, Building No. 42 of Adarsh Nagar, Shramik Co-operative Housing Society Limited, Prabhadevi, Mumbai-400 025, would be the sole property of the Defendant No.1.

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The Life Insurance Corporation (LIC) is Defendant No. 4 in the present Suit. The learned Advocate appearing for the LIC undertakes to this Court that any amount due and payable by the LIC to the Plaintiffs and/or the Respondents as heirs of the deceased Mehul shall be deposited with the Prothonotary and Senior Master and

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3 3.nms-96-07

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intimation of such deposit shall be sent to the Plaintiffs as well as the Defendants. The parties shall be at liberty to take out appropriate proceedings seeking directions from this Court as regards disbursement of the amounts so deposited by the LIC.

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If any amounts which are currently due to the estate of the deceased Mehul are realised in future by either of the parties to the Suit, they shall provide particulars of such realisation to the other side, within a period of 15 days from the date of such realisation and both the parties will be at liberty to move the Court and seek necessary directions in regard thereto.

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Liberty to apply.

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The Notice of Motion is accordingly disposed of.

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[ S.J. KATHAWALLA, J. ]

falguni wd/o mehul joshi and Anr. v. purnima padmanabh joshi and Ors.

Case brief

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falguni wd/o mehul joshi and Anr. v. purnima padmanabh joshi and Ors.

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