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2023 DIGILAW 1391 (BOM)

Manoharlal Santram Obhan Deceased, Anita Krishan Obhan v. Rita Chandra Vijan

2023-06-27

MILIND N.JADHAV

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JUDGMENT : Milind N. Jadhav, J. Heard learned Advocates appearing for the respective parties. 2. Mr. Bhagwat, learned Advocate for Plaintiff / Executrix would submit that there are four contesting Defendants i.e. 4 branches. He would submit that in so far as the branches of Defendant Nos. 1, 2 and 3 are concerned, the Plaintiff has entered into Consent Terms with the legal heirs of the deceased and reconciled their disputes inter se amongst themselves. He would next submit that in so far as Defendant No. 4 is concerned, the present suit qua Defendant No. 4 will have to be proceeded with in this Court. 3. Mr. Bhagwat would inform the Court that original Defendant No. 1 - Krishan Manoharlal Obhan who is since deceased is survived by the legal heirs i.e. Defendant No. 1A - Anita Krishan Obhan, Defendant No. 1B - Arvind Krishan Obhan and Defendant No. 1C - Jatin Krishan Obhan. Anita is the Executrix and Plaintiff before the Court. 3.1. Original Defendant No. 2 - Shammi Ashok Obhan has expired and her legal heirs namely Defendant No. 2A - Ashok Obhan (who has also expired in the interregnum), Defendant No. 2B - Deeraj Ashok Obhan and Defendant No. 2C - Anuj Vaibhav Pardhi are brought on record. 3.2. Original Defendant No. 3 - Gulshanbali Ashok Kapur has expired and her legal heirs namely Defendant No. 3A - Ashok Kapur, Defendant No. 3B - Aarti Kumar, Defendant No. 3C - Sumit Ashok Kapur are brought on record. 4. He would submit that the aforementioned Defendants have reconciled their disputes with the Plaintiff and have entered into consent terms (4 in number, all dated 27.06.2023). The original Consent Terms are tendered in the Court today. He would submit that in view of the Consent Terms arrived at between the Plaintiff and the aforementioned legal heirs of the three Defendants, this Court be pleased to take them on record and pass appropriate orders in so far as their rights and contentions in the Suit proceedings are concerned. He would fairly submit that in so far as Defendant No. 4 i.e. Rita Chandra Prakash is concerned, Mr. Sayyed, learned Advocate represents her and the Testamentary Suit qua her right, title and entitlement will subsist. At this stage, Mr. He would fairly submit that in so far as Defendant No. 4 i.e. Rita Chandra Prakash is concerned, Mr. Sayyed, learned Advocate represents her and the Testamentary Suit qua her right, title and entitlement will subsist. At this stage, Mr. Sayyed would submit that he needs to see the Consent Terms in order to understand the rights and contention of the parties mentioned therein so as not to affect any rights of the Defendant No. 4, if any, with respect to the property of the deceased and her entitlement. Mr. Sayyed is right in his submissions. Mr. Bhagwat has given photocopies of the Consent Terms to Mr. Sayyed who is directed by this Court to peruse the same, take appropriate instructions and submit to the Court on the next adjourned date. 5. The four Consent Terms are taken on record and marked "X1", "X2", "X3" & "X4" respectively. Considering that the copies of the Consent Terms have been given to Mr. Sayyed only today, appropriate orders in respect of the above Consent Terms and the parties shall be passed on the next adjourned date subject to hearing Mr. Sayyed's objections, if any. 6. Mr. Bhagwat would next submit that the parties who have executed the Consent Terms are present in Court today. All the parties who have executed the above Consent Terms marked above have appeared before me and confirmed execution of the same. The parties have been identified by their learned respective Advocates. They need not remain present on the next adjourned date. Their presence is dispensed with in view of the request made by Mr. Bhagwat to the Court. 7. Mr. Bhagwat would submit that the present Suit i.e. TS/15/ 2023 is in respect of the estate of the deceased Manoharlal Santram Obhan who expired on 16.09.2007. He would submit that in so far as the wife / widow of deceased Manoharlal Santram Obhan is concerned, her name is Savitridevi and she had expired on 30.07.2006. He would submit that in respect of the estate of Smt. Savitridevi, another separate Testamentary Suit No. 16 of 2201 is pending in this Court. The parties to the said Suit and this Suit are the same. He would submit that the array of the parties being identical, the parties in that suit except Ms. Rita Chandra Prakash have also reconciled their disputes and are in the process of filing Consent Terms. The parties to the said Suit and this Suit are the same. He would submit that the array of the parties being identical, the parties in that suit except Ms. Rita Chandra Prakash have also reconciled their disputes and are in the process of filing Consent Terms. It is seen that Defendant No. 4 i.e. Rita Chandra Prakash is Defendant No. 4 in Testamentary Suit No. 16 of 2021. As far as Defendant No. 4 is concerned, the present Suit will have to be proceeded with. Similarly TS/16/2021 will also have to proceed. Copies of the Consent Terms between parties as executed in Testamentary Suit No. 16 of 2021 are also given to Mr. Sayyed in Court before me today. Mr. Sayyed is directed to consider the same and make his submissions on the next adjourned date. 8. Registry is directed to list Testamentary Suit No. 16 of 2021 along with present Suit No. 15 of 2021 on next date. Consent Terms shall be taken on record in both the Suits and appropriate orders shall be passed on the next date. 9. Stand over to 5th July, 2023. To be placed under the caption "First on Board".