In a testamentary suit regarding probate, parties settled via consent terms. The court decreed the suit, dismissed a caveat, and ordered expedited issuance of probate without a formal decree.
Suit decreed; caveat dismissed; probate to be issued expeditiously as per consent terms.
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903-TS161-15.DOC
ATUL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 161 OF 2015
IN
TESTAMENTARY PETITION NO. 410 OF 2015
WITH
CAVEAT NO. 228 OF 2015
Jignesh Manharilal Desai
Versus
Manharlal Dayaji Desai
…Plaintiff
…Defendant
Mr. B.G. Saraf , for the Plaintiff. Mr. Piyush M. Shah , for the Defendant.
CORAM: G.S. PATEL, J DATED: 5th December 2016
PC:-
1.The Suit is settled. Consent Terms are tendered. The
Plaintiff and the Defendant are both personally present in Court.
They have signed the Consent Terms and so have their Advocates.
2.I have seen the Terms. They are in order. I am satisfied that
the Consent Terms have been drawn by the parties of their own
volition in reflection of their true intentions. The Consent Terms
are taken on record and marked “X” for identification. The
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5th December 2016
903-TS161-15.DOC
undertakings in the Consent Terms are accepted as undertakings to
the Court.
3.In view of these Consent Terms, a Caveat filed by the
Defendant is dismissed as withdrawn.
4.The Suit is accordingly decreed. The Testamentary Petition
will now proceed as uncontested Petition for probate.
5.Drawn up decree for issuance of probate and for discharge of
the Caveat is dispensed with. Registry is not to raise any requisition
regarding service of citation. It will proceed to issue probate as
expeditiously as possible, and in any event on or before 20th January
2017.
6. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
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5th December 2016
Jignesh Manharilal Desai
Manharlal Dayaji Desai
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court