The High Court at Bombay allowed the Probate Petition following a joint settlement by parties where caveat filers withdrew their caveat via consent terms and affidavits to facilitate the grant.
The Probate Petition is allowed; pending applications are disposed of; Court Fees are refunded.
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.
4.TS.17.2001II.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY SUIT NO. 17 OF 2001
IN
TESTAMENTARY PETITION NO. 51 OF 2001
(This order is corrected as per speaking to the minutes of the order dated 06th December, 2023) Smt. Sushma V. Rathore ...Plaintiff/Petitioner
Versus
SHRIKANT SHRINIVAS MALANI
Digitally signed bySHRIKANT SHRINIVAS MALANI Date: 2023.12.07 18:14:47 +0530
...Defendant
Suresh S. Bhadoria
CORAM : MANISH PITALE, J.
DATE : 06th NOVEMBER, 2023.
P. C. :
disputes are now settled and that Consent Terms have been executed. Consent Terms are tendered.
Terms are signed by four legal heirs of the Caveator, as also the Petitioner/ Plaintiff and their respective advocates.
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Shrikant Malani
4.TS.17.2001II.doc
(MANISH PITALE, J.)
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Shrikant Malani
1 issue framed by the court
Whether the Testamentary Suit should be allowed given the settlement of disputes and withdrawal of caveat by the caveator's legal heirs.
Smt. Sushma V. Rathore
SHRIKANT SHRINIVAS MALANI
MANISH PITALE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
