1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 86 OF 2002 IN TESTAMENTARY PETITION NO. 83 OF 2000 Venkatesan Laxman ....Plaintiff/Petitioner Versus P.K.Ranganayaki ....Defendant. Mr. Venkatesan Laxman, Plaintiff in person. Ms. Sukeshi Bhandari for Defendant. CORAM : S.J.KATHAWALLA, J. DATED : 19th March, 2009. P.C. The Plaintiff is the brother of the deceased–Venkatesan Ananthakrishnan and the executor of the last Will and Testament of the deceased dated 29th May, 1989. The Defendant is the widow of the deceased - Venkatesan Ananthakrishnan. The Plaintiff filed Testamentary Petition No.83 of 2000 for probate of the last Will and Testament of the deceased dated 29th May, 1989 The Petition for probate was opposed by the Defendant. The Petition was therefore converted into a suit, being Testamentary Suit No. 86 of 2002. 2. The Plaintiff (who is an Advocate of this Court and appearing in 2 person) and the learned Advocate for the Defendant have today tendered Consent Terms dated 19th March, 2009 signed by the Plaintiff and the Defendant as well as the Advocate for the Defendant. Since, the Defendant is 76 years old and resides at Chennai, the Consent Terms filed before this Court are notarised at Chennai. The said Consent Terms dated 19th March, 2009 are taken on record and marked “X” for identification. 3. Under clause (4) of the Consent Terms, it is provided that a sum of Rs. 24,00,000/- stands to the credit of the deceased in the form of deposits in the Standard Chartered Bank, Fort Branch, Mumbai – 400 023 and the Plaintiff has expressed his willingness to pay to the Defendant a sum of Rs. 20,00,000/- by way of full and final settlement. 4. Under clause (5), the Defendant has undertaken to abandon and relinquish all and every right of claim to the estate of her late husband and has further undertaken not make any claim for maintenance,past or present or any other expense of any kind whatsoever. 5. Under clause (6) of the Consent Terms, the parties have requested this Court to direct the Standard Chartered Bank, Fort Branch, Mumbai – 400 023 to issue a Demand Draft /Banker’s Cheque in the name of P. K. Ranganayaki, payable at Chennai within one week of the receipt of an authenticated copy of this order and hand over the same to Mrs. Sukeshi Bhandari, Advocate for the Defendant. The Relationship Manager of the Standard Chartered Bank, Ms. Rupa Ahuja who is present in Court has informed the Court that she has gone through the Consent Terms and the Bank has no objection to issue a Demand Draft/Banker’s Cheque in the name of P.K.Ranganayaki, the Defendant payable at Chennai within 3 one week of the receipt of an authenticated copy of this order and in handing over the same to Mrs. Sukeshi Bhandari, Advocate for the Defendant. 6. Under clause (7) of the Consent Terms, the Defendant has stated that she has no objection to this Court granting probate of the last Will and Testament of the deceased to the Plaintiff herein. However, the parties have agreed that the probate be granted after the Demand Draft/Bankers Cheque for the said sum of Rs. 20,00,000/- is handed over to the Advocate for the Defendant. 7. Under clause (8) of the Consent Terms subject to what is stated in paragraph (7) of the Consent Terms, the Defendant has withdrawn the caveat filed by her, challenging the grant of probate to the Plaintiff and has requested this Court to vacate the earlier order of this Court restraining the Plaintiff from dealing with the estate of her deceased-husband of the Defendant. The Defendant has further clarified that after receiving the said amount of Rs.20,00,000/-, she will have no objection whatsoever to the Plaintiff dealing with the estate of her late husband in accordance with the terms of the will. 8. Under clause (9) of the Consent Terms, the parties have undertaken to this Court that they are bound by the above terms and shall not dispute the same at any time in future. 9. In view of the above, the following order is passed in the above Suit : 4 (i) Standard Chartered Bank, Fort Branch, Mumbai – 400 023 is directed to issue Demand Draft/Banker’s Cheque in the name of P.K.Ranganayaki, the Defendant herein, payable at Chennai within one week of receipt of an authenticated copy of this order and to hand over the same to Mrs. Sukeshi Bhandari, Advocate for the Defendant. (ii) The Testamentary Department, upon receiving a letter from the Advocate for the Defendant confirming that the Defendant has received the Demand Draft/Banker’s Cheque for a sum of Rs.20,00,000/-, shall treat the caveat filed by the Defendant as dismissed and shall grant probate in favour of the Plaintiff as prayed in the above suit/petition. (iii) The earlier order of this Court restraining the Plaintiff from dealing with the estate of the deceased stands vacated upon receipt of the said amount of Rs.20,00,000/- by the Defendant. The Plaintiff shall be at liberty to deal with the estate of the deceased in accordance with the terms of the Will. 10. The Suit is accordingly disposed of in terms of the Consent Terms and the order passed in paragraph no.8 herein above which is also as per terms set out in of the Consent Terms marked “X”. A copy of this order duly authenticated be provided to the parties. Certified copy of the order is also expedited. 5 (S. J. KATHAWALLA, J.)