Bhavana Sudhir Sheth vs Pankaj Yashwant Rawal (Deceased) — Bombay HC (2025) — LawSathi Research

Bhavana Sudhir Sheth vs Pankaj Yashwant Rawal (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Testamentary Suit No.151 of 2024 disposed of in terms of the consent terms (withdrawn by the Plaintiff); Registry directed to proceed in Testamentary Suit No.67 of 2016 and Testamentary Petition No.253 of 2025 as uncontested; Testamentary Petition No.5378 of 2024 detached.

Issue for consideration

Whether Testamentary Suit No.151 of 2024 ought to be disposed of in terms of the consent terms tendered by the parties. +1 more

Court's answer

Testamentary Suit No.151 of 2024 stands disposed of in terms of the consent terms.

Ratio / Principle

The consent terms having been duly verified, they were marked 'X' and taken on record.

Key takeaways

In view of the consent terms, the Registry is to proceed in Testamentary Suit No.67 of 2016 and Testamentary Petition No.253 of 2025 by treating the same as uncontested.ratio¶5
Testamentary Petition No.5378 of 2024 is to be detached.ratio¶6
A soft copy of the Consent Terms is to be uploaded as the second order in the matter, and the hard copy of the signed Consent Terms is to be permanently retained on file as part of the record and not sent for destruction in the ordinary course.ratio

Detailed headnote1 paragraphs

Consent disposal — Testamentary Suit No.151 of 2024 (Letters of Administration to the estate of Smt. Pankaj Yashwant Rawal) disposed of in terms of consent terms executed by the children of Yashwant Tryambaklal Rawal and Smt. Pankaj Yashwant Rawal; execution verified by a report of an Associate of the Court recording that the consent terms were signed out of free will without undue influence or coercion; consent terms marked 'X' and taken on record, soft copy to be uploaded as the second order and hard copy permanently retained on file. Consequentially, the Registry was directed to proceed with Testamentary Suit No.67 of 2016 (probate of the will of Yashwant Tryambaklal Rawal) and Testamentary Petition No.253 of 2025 as uncontested, and Testamentary Petition No.5378 of 2024 was detached. (Arif S. Doctor, J.; 27 February 2025.)

Digitally signed by MULEY MULEYSHUBHAMPRAVINRAO SHUBHAMPRAVINRAODate:2025.02.28 10:30:26 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

TESTAMENTARY SUIT NO. 67 OF 2016

IN

TESTAMENTARY PETITION NO. 1671 OF 2014

Mr. Ashwin B. Mankodi & Anr.

...Plaintiff

Vs.

Jignasa Parag Janve ...Defendant

WITH

TESTAMENTARY SUIT NO. 151 OF 2024

WITH

TESTAMENTARY PETITION NO. 5378 OF 2024

AND

TESTAMENTARY PETITION NO. 253 OF 2025

WITH

WILL NO. 102 OF 2025

Mr. Ritik Gupta i/by Suvarna Joshi for the Petitioner in TP/5378/2024. Ms. Ujwala Deshmukh i/by Pradhan and Rao for the Petitioner in TP/253/2025. Mr. Harsh Behany a/w Atiksha Jaini i/by HN Legal for the Defendant in TS/67/2016.

CORAM : ARIF S. DOCTOR, J. DATE : 27TH FEBRUARY, 2025

P.C.:-

Parties have today tendered consent terms, by which the disputes

and differences in both the captioned Testamentary Suits as also in Testamentary

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Shubham

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Petition (L) No.24377 of 2024 have been resolved. The parties are the children of one Yashwant Tryambaklal Rawal and Smt. Pankaj Yashwant Rawal. Testamentary Suit No.151 of 2024 has been filed for Letters of Administration to the properties and credits of the mother i.e. Smt. Pankaj Yashwant Rawal and Testamentary Suit No.67 of 2016 has been filed for probate in respect of the last Will and Testament of the father i.e. Yashwant Tryambaklal Rawal.

Learned Counsel for the Plaintiff in Testamentary Suit No.151 of 2024 submits that by virtue of the consent terms, Testamentary Suit No.151 of 2024 is being withdrawn and insofar as Testamentary Suit No.67 of 2016 is concerned, the Caveat filed by the Plaintiff in Testamentary Suit No.151 of 2024 is being withdrawn. The execution of the consent terms is supported by a report of an Associate of this Court, which inter alia records as follows:

“The signatories have admitted the contents of the Consent Terms. The consent terms are duly signed by the parties out of their free will without any undue influence and coercion. The Consent terms are duly executed by the signatories.”

In light of the fact that consent terms have been duly verified, same is marked ‘X’ and taken on record. The Testamentary Suit No.151 of 2024 is accordingly disposed of in terms of the consent terms.

A soft copy of the Consent Terms will be uploaded as the second order in the matter. The Registry is to ensure that the hard copy of the signed

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Shubham

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Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course

In view of the consent terms, the Registry to proceed in Testamentary Suit No.67 of 2016 and Testamentary Petition No.253 of 2025 by treating the same as being uncontested.

Detag Testamentary Petition No. 5378 Of 2024.

(ARIF S. DOCTOR, J.)

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Shubham