Court accepted complete consent terms signed by competing parties in a testamentary suit, dismissing the suit in accordance with the settlement.
Suit disposed of in accordance with Consent Terms signed by parties.
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-58-2016.DOC
JSN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTE JURISDICTION
TESTAMENTARY SUIT NO. 58 OF 2016
IN
TESTAMENTARY PETITION NO. 1245 OF 2015
Dr. Mrs. Aruna Ravindra Bapat…Plaintiff
Versus
Dr. Mr. Sudhir Sriniwas Joshi…Defendant
Mr. Naushad Engineer, with Mr. K.G. Mhatre, Mr. Prateek Pai and
Ms. Nikhita Vali i/b Mhatre and Associates for the Plaintiff.
Mrs. Aruna Bapat, with Dr. Uday Bpata and Dr. M. Bapat Plaintiffs
present.
Mr. Atul Daga, with Mr. Ooril Panchal i/b Mahimtura and Company
for the Caveator / Defendant Sudhir Joshi.
Ms. Ranjeeta Joshi, party to the Consent Terms also present.
CORAM:G.S. PATEL, J
DATED:27th September 2016
PC:-
1.The Suit is settled. Consent Terms are tendered in the Suit.
These are signed by the Plaintiff and the Defendant and their
Advocates. Both parties are present in Court.
2.I have seen the Consent Terms. They are complete in all
respect. They are not contrary to law. They appear to have been
drawn by the parties of their own volition and they reflect the
parties’ true intentions.
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27th September 2016
901-TS-58-2016.DOC
3.The Consent Terms are taken on record and marked “X” for
identification. The undertakings – by whatever named called and
however worded – in the Consent Terms are accepted as
undertakings to the Court. The Suit is disposed of in accordance
with the Consent Terms.
4. Refund of Court Fees, if any, in accordance with the Rules.
5.Drawn up order / decree is dispensed with. However, should
the parties require a drawn up decree for the purpose of
implementation of these Consent Terms, that decree will be drawn
up in accordance with these Consent Terms and the parties will be
entitled to apply for such a drawn up decree without needing to
make a separate application to Court for that purpose and on
production of an authenticated copy of this order.
6. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
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27th September 2016
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court