In a testamentary suit for probate, the court settled the matter via consent terms. It discharged a caveat, decreed the suit for probate, and issued notices for the grant of probate on a priority basis.
Caveat dismissed as withdrawn; suit decreed; Registry to issue probate on priority basis by 22nd December 2016.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
901-TS-121-2016.DOC
JSN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 182 OF 2016
WITH
CAVEAT NO. 144 OF 2016
IN
TESTAMENTARY SUIT NO. 121 OF 2016
IN
TESTAMENTARY PETITION NO. 2146 OF 2015
Pramila Bhalchandra Tamber… Plaintiff
Versus
Manasee Shrikant Chandwadkar…Defendant
Mr. N.G. Karekar, for the Plaintiff.
Mr. Kirti K. Nagda, for the Defendant.
CORAM: G.S. PATEL, J DATED: 22nd November 2016
PC:-
1.The Testamentary Suit, which is for probate, is settled
between the parties. Consent Terms are tendered. These are signed
by the Plaintiff and the Defendant as also by their Advocates. I have
seen the Consent Terms. They are in order. They are not contrary
to law and I am satisfied that they have been drawn by the parties of
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22nd November 2016
901-TS-121-2016.DOC
their own volition in reflection of their true intentions. The Consent
Terms are taken on record and marked “X” for identification. The
undertakings in Consent Terms are accepted as undertakings to the
Court.
2.In view of the Consent Terms, Caveat No.144 of 2016 is
dismissed as withdrawn.
3.The Suit is decreed. The Petition to proceed as an
undefended Petition for the grant of probate. Drawn up decree and
order is dispensed with. Subject only to all just exceptions, Registry
will issue probate on a priority basis before 22nd December 2016.
4. Refund of Court Fees, if any, in accordance with the Rules.
5.The Registry is not to insist upon an Affidavit proving service
of citations.
6. The Notice of Motion No. 182 of 2016 by the Plaintiff for dismissal of the Caveat is infructuous and is disposed of as such.
7. All concerned to act on an authenticated copy of this Order.
(G. S. PATEL, J.)
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22nd November 2016
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court