.. 1 .. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 3020 OF 2006 Sanjay Sudesh Kapur & Ors. .... Plaintiffs V/s. Sarla Sudesh Kapur & Ors. .... Defendants Mr. A. Dasgupta i/b Jhangiani Narula & Asso.for plaintiffs. Ms. Sheetal Shah i/b Mehta & Girdharlal for defendant no. 1 & 2. Mr. Sanjay Kapur-P-1, Mrs. Shibani Kapur-P-2 & Ms. Saakshi Kapur-P-3 present Mrs. Sarla Kapur, D-1, Ms.Sharmila Malik-D.2 for self and as C.A. for D. 3 & 5, Mr. Umar Malik, D-4, Mr. Vijay Mehra, D-6, in person. CORAM : S.J. KATHAWALLA, J. DATED : 6TH MAY 2009. P.C. Not on board. Upon mentioning taken on board. 2. The Suit is filed by the plaintiffs for the administration of the estate of the deceased Shri Suresh Kapur. 3. The plaintiff no. 1 is the son of deceased Suresh Kapur. The plaintiff no. 2 is the wife of the plaintiff no. 1 and plaintiff nos. 3 & 4 are the children of plaintiff nos. 1 & 2. Plaintiff no. 4 is a minor. Defendant no. 1 is the mother of the plaintiff and wife of the deceased. Defendant no. 2 is the daughter of the deceased and defendant no. 3 is the son-in-law of the deceased. Defendant nos. 4 & 5 are the children of defendant nos. 2 & 3. The plaintiffs have made an application dated 6th May 2009 stating that plaintiff no. 4 who is the minor son of plaintiff nos. 1 and 2 is not a necessary or proper party to the suit as the plaintiff no. 4 is neither an heir of the deceased Mr. Suresh Kapur nor does he have any right and/or interest in the estate of the deceased. The plaintiffs have, therefore, prayed that the name of the plaintiff no. 4 be deleted from the cause title of the plaint and the plaintiffs be permitted to carry out further necessry amendments thereto. The said SKT/- .. 2 .. application dated 6th May 2009 made by the plaintiff’s advocates is taken on record and marked “X” for identification. 4. The learned advocate for defendant nos. 1 & 2 and the defendants who are present in Court by themselves and/or through their constituted Attorney have no objection if the name of plaintiff no. 4 is deleted from the cause title of the plaint. Accordingly, the name of the plaintiff no. 4 is allowed to be deleted from the cause title of the plaint and the advocates for the plaintiffs are permitted to carry out the necessary amendments to the plaint within a period of one week from today. 5. It is submitted by the learned Advocates for the plaintiffs as well as the defendants who are present in Court that Shri Vijay Mehra is the executor of the last will and testament of the deceased Suresh Kapur dated 4th May 2005 and he be allowed to be joined as party defendant no. 6 to the suit. It is submitted that Shri Vijay Mehra being executor of the Will of the deceased is a necessary and proper party to the suit, though, no reliefs are sought against him. In view thereof, by consent of the parties, Shri Vijay Gurdasram Mehra, resident of 103, Shahid Bhagat Singh Co-operative Housing Society, 1st floor, J.B.Nagar, Andheri Kurla Road, Andheri (E), Mumbai 400 059 is allowed to be joined as defendant no. 6 to the suit. The plaintiffs shall carry out the necessary amendments to the plaint within a period of one week from today. 6. The Learned Advocate for the plaintiffs and defendant nos. 1 to 5 who are appearing in person and/or through their constituted Attorney have tendered consent terms dated 6th May 2009 in Court and have submitted that the suit be disposed of in terms of the consent terms. The consent terms are taken on record and marked ‘ X-1’ for identification. 7. The consent terms are signed by the plaintiff nos. 1, 2 & 3, defendant no. 1 and defendant nos. 2, 4 and 6. Defendant No. 2 has also signed the consent terms as constituted attorney of defendant nos. 3 and 5. The plaintiff nos. 1, 2, & 3 and defendant nos. 1, 2, 4 & 6 are present in SKT/- .. 3 .. Court. As stated earlier, defendant no. 2 is the constituted attorney for defendant nos. 3 & 5. A photostat copy of the Power of attorney executed by defendant nos. 3 & 5 in favour of defendant no. 2 is annexed at Annexure-B to the consent terms marked X-1. However, the original of the same is produced before the Court which is compared with the photostat copy and returned to the defendant no. 2. Plaintiff nos. 1, 2, 3 and defendant nos. 1, 2, 4 & 6 have informed the Court that they have signed the consent terms after understanding its contents and of their own free will and volition and there is no force, fraud or coercion involved. 7. In view thereof, the suit is decreed in terms of the consent terms, marked ‘ X-1’. Undertakings given in paragraph 3, 8, 12 and 13 of the consent terms are accepted. Refund of Court fees as per rules. Certified Copy of this order is expedited. sd/- (S.J. KATHAWALLA, J.) SKT/-