:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 25 OF 2008 IN PETITION NO. 1222 OF 1998 Mrs. Saraswati Vilas Kamble ..Applicant Vs. Smt. Indubai Gopal Kamble and anr. ..Respondents Mr. A.K. Saxena for petitioner. Mr. Vindo Thaker for respondent no.1. CORAM: S.C. DHARMADHIKARI, J. CORAM: S.C. DHARMADHIKARI, J. CORAM: S.C. DHARMADHIKARI, J. Date : December 11, 2008. Date : December 11, 2008. Date : December 11, 2008. P.C.: P.C.: P.C.: 1. After the matter was argued on several occasions and placed today, parties have tendered Minutes of Order. The same are signed by the petitioner and her Advocate, so also the Advocate for respondent no.1. The first respondent has put her thumb impression. The signatures are identified by witnesses who are none other than brother of the petitioner and the grand-son of respondent no.1. Both petitioner and the witnesses are present in the court. They have fully understood the implications in these :2: Minutes of Order. The contents thereof were explained to them in Marathi by the relations and the witnesses, so also the Advocates who have assisted them. They do not dispute that these Minutes correctly record the arrangement arrived at by the petitioner and the first respondent who claimed to be related as mother-in-law and daughter-in-law. 2. That dispute apart, presently they are agreeable that the second respondent - employer shall continue to deposit all dues of the deceased with the Prothonotary and Senior Master of this court and out of the dues deposited, the first respondent shall be entitled to unconditionally withdraw 70% and the petitioner will withdraw balance 30%. With regard to the future deposit, the agreement is that the amounts will be withdrawn in the share of 50% each. The employer to continue to deposit the sums as per this arrangement till the entire terminal/retiral dues of the deceased is paid off. The parties have agreed that the motion can be disposed of in terms of these Minutes and all arrangements and terms are subject to rights and contentions with regard to the challenge to :3: the succession certificate issued in the present petition. 3. The Minutes of Order, recording the above facts, are taken on record and marked "X" for identification. Notice of Motion is disposed of in terms of the Minutes. There shall be no order as to costs. The original documents be returned to the parties on their usual undertaking with regard to xerox copies being placed on record and production of originals as and when necessary. 4. For this order of disposal of the Motion and taking on record above Minutes, presence of the 2nd respondent is not necessary and in any event it is a formal party. 5. All concerned to act on an authenticated copy of this order. (S.C. Dharmadhikari, J.) (S.C. Dharmadhikari, J.) (S.C. Dharmadhikari, J.)