In Testamentary Suit No. 19 of 1999, the court accepted that the sale of a flat was complete based on consent terms. The suit was declared ended, and orders were passed for the return of original documents and issuance of certified copies of the will and order.
Order of return of original documents and issuance of certified copies of the will and court order.
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917-TS19-99.DOC
SHEPHALI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 19 OF 1999
IN
TESTAMENTARY PETITION NO. 864 OF 1996
Ronald J. Fernandes…Plaintiff
Versus
Rita Pinto…Defendant
Ms. Nikita Mishra, i/b M/s. Federal & Rashmikant, for the Plaintiff.
Ms. Vidya Chaudhari, i/b Chambers of Javed Gaya, for the
Defendant.
CORAM: G.S. PATEL, J DATED: 27th September 2016
PC:-
1.The parties report that the transaction in respect of the sale
of 7, Southlands, 177 Upper Colaba, Mumbai 400 005 flat is
complete. The purchase price has been received. The necessary
permission from the Collector has also been received and possession
also been delivered to the purchaser. The sale proceeds have been
divided between the parties in the manner set out in the first
Consent Terms dated 3rd February 2015 read with the further
Consent Terms dated 12th August 2015.
2. The Suit has, therefore, come to an end.
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27th September 2016
917-TS19-99.DOC
3.Today the parties seek the order of return of the original
documents. The original documents are to be returned to the
respective parties, upon these being substituted with photocopies
duly authenticated by their respective Advocates.
4.The Registry is directed to issue a drawn up order/decree in
terms of the Consent Terms dated 3rd February 2015 and the
Consent Terms dated 12th August 2015. This will be issued on an
expedited basis since there are some shares of companies that are to
be transferred. Along with this, the Registry will also issue a
certified copy of the probate Petition to the Advocates for the
Plaintiffs, and on request, to the Advocates for the Defendants. The
registry will not insist on a certified copy of this order, but will act
on production of an authenticated copy.
5.The Testamentary Department is directed to issue a certified
copy of Will No. 296 of 1996 to the Advocates for the Parties on
their application and on production of an authenticated copy of this
order.
(G. S. PATEL, J.)
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27th September 2016
G.S. PATTEL
As recorded by the court registry
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