IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY SUIT NO.17 OF 1993. TESTAMENTARY SUIT NO.17 OF 1993. TESTAMENTARY SUIT NO.17 OF 1993. IN IN IN TESTAMENTARY PETITION NO.209 of 1990. TESTAMENTARY PETITION NO.209 of 1990. TESTAMENTARY PETITION NO.209 of 1990. Mr.Rene J. Sequeira ..Petitioner/ Plaintiff versus Gloria Rodricks & Another ..Defendants/ Caveators Mr.Denzil D’Mello for the plaintiff. Mrs.Severene Volado for defendant No.1 Mr.Sean Wassodew for the defendant No.2 Defendant No.1 Mrs.Gloria Rodricks is present. Defendant No.2 is absent. However, learned Advocate Mr.Vassodew represents defendant No.2 Beneficiary in Suit Will by name Mrs. Yvonne Parera and Mrs. Pearline Pereira are present. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 20th March, 2009. DATED : 20th March, 2009. DATED : 20th March, 2009. P.C. 1. With the help of the Counsels on both the sides parties have been able to settle the matter. Yesterday Minutes of Order dated 19.3.2009 were tendered in the Court and the matter was posted today for passing of the final Order. Those Minutes of Order are on record. 2. Today learned Advocate Mrs.Valado appearing on behalf of defendant No.1 tendered consent -2- affidavit executed by the defendant No.1 Gloria Rodricks. Similarly, learned Advocate Mr. Vassodew appearing on behalf of the defendant No.2 tendered affidavit of Mrs.Andrea Andrade defendant No.2. These two consent affidavits are taken on record. 3. Learned Counsels appearing today request the Court that Order be passed in terms of Minutes of Order and office be directed to proceed for attending to the probate petition No.209 of 1990 in view of the Consent Affidavits given by the defendant Nos.1 and 2 who were prior to today contesting grant of the probate petition. 4. Counsels on both the sides state that wherever the signatures of the respective parties are appearing they have tendered the signatures after understanding the terms of the documents which they have signed. 5. Counsels for both the sides pray that Order in terms of Minutes. Hence the Order. ORDER -3- i. In view of clause 2 of the Minutes of Order and on account of filing of Consent affidavit of defendant Nos.1 and 2 today in the Court, caveats filed by the defendant Nos.1 and 2 respectively stand withdrawn and disposed of. In view of this suit 17/1997 stand disposed of in terms of Minutes of Order dated 19.3.2009 with no order as to costs. ii. There shall be an order in terms of minutes of order dated 19.3.2009. iii. The Prothonotary & Senior Master is directed to act in the matter of payment of monies lying with her to defendant NO.1, defendant No.2 and Mrs. Irene Pradhan as set out in the terms of Minutes of Order dated 19.3.2009. This be done by the Prothonotary & Senior Master as expeditiously as possible on the basis of the record and the Original Order which will be signed by the Court. iv. The Court Receiver, High Court, Bombay shall act in terms of the Clause 8 of Minutes of Order dated 19.3.2009 upon production of the authenticated copy duly authenticated by the P.A. -4- of the Court, along with true copy of minutes of the Order dated 19.3.2009, duly certified as true copy by the advocate for the plaintiffs namely Mr.Denzil D’Mello. v. Prothonotary & Senior Master to take consent affidavit filed by the defendant Nos.1 and 2 both dated 19.3.2009 on record and proceed with the probate petition No.209/1990 and grant the probate as expeditiously as possible subject ofcourse to petitioner or her advocate removing the office objections. vi. Prothonotary & Senior Master shall return the documents which have been lodged by the respective parties to the respective parties as the suit is disposed of by following normal procedure regarding return of the documents. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)