Pushpa Makharia vs Trivenidevi Radhakrishna Makharia Family Trust and 2 Ors. — Bombay HC (2025) — LawSathi Research

Pushpa Makharia vs Trivenidevi Radhakrishna Makharia Family Trust and 2 Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Settlement recorded in terms of the consent terms dated 31st July 2025 between the Applicant and Respondents No.1 and the heirs of Respondent No.2; undertakings in the consent terms accepted as undertakings to the Court; legal heirs of the deceased Respondent No.2 (Respondent Nos. 2(1) to 2(c)) brought on record without re-verification; Execution Application disposed as withdrawn against Respondent No.3; connected Notice No.26 of 2025 and Interim Application No.1861 of 2024 stand disposed accordingly.

Issue for consideration

Whether the legal heirs of the deceased Respondent No.2 should be brought on record in the execution proceedings by way of the draft amendment to the proceedings. +2 more

Court's answer

Upon hearing counsel and considering the heirs' submissions, the execution proceedings were ordered to be amended forthwith in terms of the draft amendment bringing the heirs of the deceased Respondent No.2 on record, with re-verification dispensed with.

Ratio / Principle

The consent terms dated 31st July 2025 were taken on record and marked 'X' for identification, and the undertakings contained in the consent terms were accepted as undertakings given to the Court.

Key takeaways

The execution proceedings were disposed as withdrawn as against Respondent No.3 (continuation of the sentence in the immediately following paragraph reads 'the Respondent No.3.'), the consent terms not touching his rights, title and interest in the partnership or trust.ratio¶30
The connected Notice No.26 of 2025 in the Execution Application and the Interim Application No.1861 of 2024 in the Notice were directed to stand disposed accordingly.ratio¶32

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Execution Application No.1494 of 2022 - Pushpa Makharia v. Trivenidevi Radhakrishna Makharia Family Trust and Others (Abhay Ahuja, J., 31 July 2025): Listed under the caption 'For Settlement / Consent Terms'. Since Respondent No.2 had died, the execution proceedings were amended forthwith to bring his legal heirs (Respondent Nos. 2(1) to 2(c)) on record, re-verification being dispensed with; all heirs were present and raised no objection. Consent terms dated 31st July 2025, tendered by counsel for the Applicant, the trustee of Respondent No.1 and the heirs of the deceased Defendant No.2, recording settlement between the Applicant and Respondents No.1 and the heirs of Respondent No.2, were taken on record and marked 'X'; the undertakings therein were accepted as undertakings given to the Court. Counsel stated the consent terms do not touch the rights, title and interest of Respondent No.3 in the partnership or trust, and the Execution Application stood disposed as withdrawn against Respondent No.3. The connected Notice No.26 of 2025 and Interim Application No.1861 of 2024 stand disposed accordingly. The certified copy carries endorsements that the order is modified as per the order dated 1st August 2025.

901-EXA-1494-2022-corrected.doc

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

EXECUTION APPLICATION NO.1494 OF 2022

Pushpa Makharia …Applicant V/s. Trivenidevi Radhakrishna Makharia Family Trust and Others ...Respondents

WITH

NOTICE NO.26 OF 2025 IN

EXECUTION APPLICATION NO.1494 OF 2022

WITH

INTERIM APPLICATION NO.1861 OF 2024 IN NOTICE NO.26 OF 2025

Mr. Anup Khaitan for the Applicant.

Mr. Kamlesh Tiwari with Mr. Gobinda C. Mohanty i/b Mr. Gobinda C. Mohanty for the Respondent Nos. 2(1) to 2(c) for the legal heirs of Respondent No.2.

CORAM : ABHAY AHUJA, J. DATE : 31^st JULY 2025

P.C. :

Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date: 2025.08.01 15:20:10 +0530

This matter has been listed under the caption “For Settlement /

Consent Terms”.

When the matter is called, Mr. Khaitan, learned Counsel appearing for the Plaintiff at the outset tenders across the bar a draft amendment to the proceedings, submitting that since the Respondent No. 2 has died, his heirs need to be brought on record.

This order is modified as per the order dated 1^st August, 2025. Nikita Gadgil

1/3

901-EXA-1494-2022-corrected.doc

Mr. Tiwari, learned Counsel appears for the heirs of the deceased Respondent No.2 and submits that all the heirs of the deceased Respondent No. 2 are present in the Court and that he has instructions to submit that they have no objection to be brought on record in the execution proceedings.

Having heard the learned Counsel and having considered their submissions, the execution proceedings be amended forthwith in terms of the draft amendment. Re-verification is dispensed with.

Learned Counsel appearing in the matter for the Applicant as well as the trustee of the Respondent No. 1 and for the heirs of the deceased Defendant No.2 tender across the bar the consent terms dated 31^st July, 2025, submitting that the matter has been settled between the Applicant and the Respondents No. 1 and and heirs of Respondent No. 2 in terms of the said consent terms.

Mr. Khaitan, learned Counsel appearing for the Applicant submits that as regards the Respondent No. 3, the consent terms in paragraph 17 records that the consent terms do not touch the rights, title and interest of the Respondent No.3 in the partnership or trust. Mr. Khaitan

This order is modified as per the order dated 1^st August, 2025. Nikita Gadgil 2/3

901-EXA-1494-2022-corrected.doc

seeks to withdraw the Execution Application as against the Respondent

No.3.

The consent terms are taken on record and marked ‘X’ for the purposes of identification. The undertakings in the consent terms are accepted as undertakings given to this Court.

The execution proceedings are disposed as withdrawn as against

the Respondent No.3.

The connected Notice and the Interim Application also to accordingly stand disposed.

(ABHAY AHUJA, J.)

This order is modified as per the order dated 1^st August, 2025.

Nikita Gadgil

3/3