Bombay High Court
Imamodin S. Nensey vs Afzal Muzaffar Sonawala (Caveator) on 2 August, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
904-TS-10-18.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY SUIT NO. 10 OF 2018
IN
TESTAMENTARY PETITION NO. 104 OF 2010
Imamodin Shokatali Nensey ...Plaintiff
Versus
Afzal Muzaffar Sonawala ...Defendant
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Mr. Sharique Nachan a/w Ms. Suzan Vakil i/by Mulla and Mulla and
Craigie Blunt & Caroe for the Plaintiff.
Mr. Yash Momaya a/w Mr. Jayesh R. Vyas for the Defendant.
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CORAM : R.I. CHAGLA J
DATE : 2 August 2022
ORDER :
1. The parties have settled their disputes. SHARAYU PANDURANG KHOT
2. In view of the original Plaintiff having expired and for Digitally signed by SHARAYU PANDURANG KHOT Date:
2022.08.11 bringing the legal heirs of the original Plaintiff as Plaintiffs, draft 11:29:46 +0530 amendment is tendered by the learned Counsel for the Plaintiff and is taken on record and marked "X" for identification.1/5
904-TS-10-18.doc
3. Leave is granted to carry out amendment in the cause title of the Testamentary Suit and Testamentary Petition in terms of the draft amendment marked X. Amendment to be carried out forthwith.
4. Re-verification is dispensed with.
5. Advocates for the newly joined Plaintiffs are permitted to file their Vakalatnama which shall be filed within the course of the week.
6. The Consent Terms dated 30th July 2022 entered into between the Plaintiffs and the Defendants have been tendered and are taken on record and marked 'X-1' for identification. These are signed by the newly joined Plaintiffs and the Defendant as well as their respective Advocates. Parties are present.
7. Appended to the Consent Terms is a family arrangement dated 30th July 2022 arrived at between the parties to the Consent Terms, which amicably settle their disputes and differences in the captioned Testamentary Suit.
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8. Further, appended to the Consent Terms are the documents of identification of the signatories to the Consent Terms.
9. In clause 7 of the Consent Terms, the parties have agreed and confirmed that the Defendant will not claim any right, title and interest in the estate already distributed/administered amongst the Plaintiffs by the original Plaintiff as per the Will dated 25th September 1993 and the Plaintiffs shall be entitled to deal with the same. Accordingly, the Defendant is withdrawing his Caveat unconditionally. Caveat is accordingly, discharged.
10. I am satisfied that the Consent Terms are in order, not contrary to law and have been drawn by the parties of their own volition in reflection of their true intentions.
11. The undertakings, if any, in the Consent Terms being accepted as undertakings to the Court.
12. The Suit is disposed of and decreed in accordance with the Consent Terms.
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13. Interim Applications, if any, are also disposed of, as become infructuous.
14. Drawn up decree/ order is dispensed with unless the parties seek drawn up decree/ order, in which case they are entitled to apply.
15. In view of the discharge of the Caveat, the Testamentary Suit is converted to Testamentary Petition.
16. The Plaintiffs seek withdrawal of the Testamentary Petition for Probate of the Will dated dated 25th September 1993 of the deceased Gulshan Nensey.
17. Leave is granted. The captioned Testamentary Petition is disposed of as withdrawn in accordance with the Consent Terms.
18. A soft copy of the Consent Terms will be uploaded as the second order in the matter.
19. The Registry is to ensure that the hard copy of the 4/5 904-TS-10-18.doc signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course.
20. Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application.
[R.I. CHAGLA J.] 5/5