: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO.6 OF 2006 IN TESTAMENTARY PETITION NO.1151 OF 1999 Chitra Baijal nee Chitra Srivastava .. Petitioner/ Plaintiff V/s. Kishore Kumar Harprasad Srivastava .. Respondent / Defendant ..... Mr. G.W. Mattos for the petitioner Dr. Mrs. R.R. Ajinkya for the defendant ..... CORAM : S.C. DHARMADHIKARI, J. DATE : 17th SEPTEMBER, 2009. P.C. : 1. In a petition, which is filed for issuance of Letters of Administration with the last Will and Testament of the deceased, the petitioner plaintiff and respondent defendant state that there is over all settlement which has been arrived at with regard to the properties and assets of the deceased and the shares of the respective parties therein. 2. The terms have been reduced to writing and in the light of these terms which are acceptable to both, the petitioner plaintiff and respondent defendant that the defendant has instructed his advocate to withdraw the : 2 : caveat filed to oppose the grant. 3. Both sides have understood the implication and consequences flowing from these terms, especially when the respondent has given up his right, title and interest in the assets and properties of the deceased. In his presence, the terms are tendered. They are duly signed by him. Having gone through the terms and both being familiar with English language, it is stated that they have no claims in the light of the stipulations in the consent terms. 4. In the light of the above, the consent terms are taken on record and marked as X for identification. At the request of the defendant, the caveat is dismissed as withdrawn. In the light of the caveat being withdrawn, the registry to process the petition as an uncontested proceeding and issue the grant in favour of the petitioner to which respondent defendant consents and has no objection. The order is passed in the presence of the constituted attorney of the plaintiff and the defendants. (S.C. DHARMADHIKARI, J.)