Partly allowed

Mrs. Cynthia a. D'Mello and Ors. v. Zina M. Fernandes and Anr.

Bombay HC15 Jan 2024TS/81/1999

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay allowed withdrawal of Suit No. 2038 of 2000 based on Consent Terms and decreed Testamentary Suit No. 81 of 1999 in terms of Consent Terms, directing issuance of Letters of Administration.

What did the court decide?

Suit No. 2038 of 2000 permitted to be withdrawn and disposed of; Testamentary Suit No. 81 of 1999 decreed in terms of Consent Terms with direction to issue Letters of Administration.

Mrs. Cynthia a. D'Mello and Ors. Vs Zina M… — Writ and Judicial Review | Bombay HC (2024)

7-S-2038-2000.docx

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Neeta Sawant

15.01.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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SUIT NO. 2038 OF 2000

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Zina M. Fernandes ….Plaintiff V/s. 1(A) Carol Pereira and Ors. ….Defendants

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ALONGWITH

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 81 OF 1999

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TESTAMENTARY PETITION NO. 519 OF 1998

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Mrs. Cynthia A. D’mello and Ors. ...Plaintiffs V/s. Zina M. Fernandes and anr. ...Defendants

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Mr. Darryl Pereira with Mr. Beverly Fernandes i/by. Mr. Deepak J. Lullia, for the Plaintiff in Suit No. 2038-2000 and for Defendants in Testamentary Suit No. 81-1999.

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Mr. Suneel D. Mogre , for Plaintiff in Testamentary Suit No. 81-1999 and for Defendants in Suit No. 2038-2000.

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7-S-2038-2000.docx 15.01.2024

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Neeta Sawant

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CORAM : SANDEEP V. MARNE, J. Dated : 15 January 2024.

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P.C. :

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Suit No. 2038 of 2000 :

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The learned counsel appearing for the Plaintiff and the learned counsel appearing for the Defendants would jointly submit that the dispute between the parties has been amicably settled. The learned counsel appearing for the Plaintiff seeks leave to withdraw the Suit and tenders Consent Terms signed by the Plaintiffs and some of the Defendants. The Consent Terms are taken on record and marked ‘X’ for identification. Under the Consent Terms, the Plaintiffs have agreed to unconditionally withdraw the Suit. The Suit is permitted to be withdrawn and disposed of .

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Testamentary Suit No. 81 of 1999 :

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The learned counsel appearing for the Original Petitioners/Plaintiffs and the learned counsel appearing for the Original Caveator/Defendant would jointly submit that the parties have amicably settled the dispute amongst themselves. They would tender Consent Terms filed by the Original Petitioners/Plaintiffs as well as by the Original Caveator/Defendant. The Consent Terms are taken on record and marked ‘X’ for identification. Under the Consent Terms, the Defendants have withdrawn the Caveat filed

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Neeta Sawant 3/3 7-S-2038-2000.docx 15.01.2024

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in the petition and have prayed that Letters of Administration be granted as prayed for by the Original Petitioners/Plaintiffs. The Testamentary Suit is accordingly decreed in terms of the Consent Terms. Registry to take necessary steps for issuance of Letters of Administration as per the Consent Terms.

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NEETA SHAILESH SAWANT

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SANDEEP V. MARNE, J.

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Digitally signed by NEETA SHAILESH SAWANT Date: 2024.01.16 15:13:36 +0530

Mrs. Cynthia a. D'Mello and Ors. v. Zina M. Fernandes and Anr.

Case brief

What is this about?

What did the court decide?

Mrs. Cynthia a. D'Mello and Ors. v. Zina M. Fernandes and Anr.

Case brief

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What did the court decide?

What the court decided

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