Vasanti Jaswantsingh Rautela v. Kiran Singh Rautela Alias Kiran Jaswantsingh Rautela Alias Kiran Singh Jaswantsingh Rautela
Case brief
What is this about?
TP 37/2024, Bombay HC (Testamentary & Intestate), Kamal Khata J, decided 02-07-2025; estate matter concerning deceased Jaswantsingh Rautela alias Kiran Singh (per caption); petitioner Vasanti Jaswantisingh Rautela (counsel Uttam Rane with Ajay Yadav; also appeared in person); Respondent-Caveator present through Gopal Tripathi (identified in court as Ms. Meena Rautela). Amicable settlement; Consent Terms signed, taken on record, marked 'X'; court satisfied terms lawful and voluntary; undertakings accepted as undertakings to Court; Suit disposed of in terms of Consent Terms; permanent retention of original Consent Terms on file; court fee refund per Rules under Section 43 Maharashtra Court Fees Act; Prothonotary & Senior Master to issue refund certificate ex parte on authenticated copy; liberty for property transfers before Collector of Stamps / Sub-Registrar of Assurances.
What did the court decide?
Proceedings disposed of in terms of the Consent Terms (marked 'X'); undertakings therein accepted as undertakings to the Court. Registry directed to permanently retain the hard copy of the original signed Consent Terms on file and not send it for destruction in the ordinary course. Court fees to be refunded in accordance with the Rules; for Section 43 of the Maharashtra Court Fees Act and its proviso, the date of the order (2 July 2025) treated as the date of making the claim for repayment, with the Prothonotary and Senior Master to issue the refund certificate on production of an authenticated copy of the order without a separate application. Liberty to the parties to present certified or authenticated copies of the Consent Terms and of the order before the Collector of Stamps or Sub-Registrar of Assurances to effect the property transfers contemplated in the Consent Terms.