Court recorded consent decree in testamentary suit. Dispensed with service via Sheriff. Ordered probate to be issued expeditiously upon service on named heirs.
Consent terms taken on record. Service dispensed via international courier for named heirs. Probate to be issued expeditiously.
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.
59-TS108-16.DOC
SHEPHALI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 108 OF 2016
IN
TESTAMENTARY PETITION NO. 2071 OF 2015
Vijay Mahendra Joshi…Plaintiff
Versus
Ghanshyam Kamlashankar Joshi …Defendant
Mr. A. R. Bapat, for the Plaintiff.
Ms. Neeta Solanki, i/b Kiran Jai & Co., for the Defendant.
CORAM: G.S. PATEL, J DATED: 16th November 2016
PC:-
1.The Suit is settled. Consent Terms are tendered. These are
signed by both the parties and their respective Advocates. Both
parties are personally present in Court.
2.I have seen the Consent Terms. They are in order. They are
not contrary to law and they appear to reflect the parties’ true
intentions and have been drawn by the parties of their own volition.
The Consent Terms are taken on record and marked “X” for
identification. The undertakings in the Consent Terms, if any, are
accepted as undertakings to the Court.
Page 1 of 2
16th November 2016
59-TS108-16.DOC
3.I will dispense with the requirement of service through the
Sheriff’s Office on the named heirs. Service will be effected on
them by the Petitioner through a reputed international courier
service or agency such as Blue Dart, DHL, FedEx or UPS with
proof of acknowledgement of service. An Affidavit of service is to be
filed after service is effected. It will not be necessary for the Plaintiff
to effect service through the Sheriff’s Office in regard to these heirs.
4.On service, an Affidavit of Service will be filed. Subject to
this and to the consent being obtained, Probate to be issued
expeditiously.
(G. S. PATEL, J.)
Page 2 of 2
16th November 2016
Vijay Mahendra Joshi
Ghanshyam Kamlashankar Joshi
G.S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court