-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.5498 OF 2007 NO.5498 OF 2007 NO.5498 OF 2007 Smt Shantabai Sidram Billor and ors. ...Petitioners v/s Smt Ratnaprabha @ Ramabai S. Billor and ors. ...Respondents Mr Shriram S. Kulkarni for Petitioners. None for Respondents. CORAM : D.K. DESHMUKH AND V.M. KANADE JJ. DATE : 7TH JANUARY 2008. -2- P.C. :- 1. By this petition, the petitioners seek a direction for implementation of the consent terms which were arrived at between the parties in civil revision application No.566 of 2001. Perusal of the record shows that civil revision application No.566 of 2001 arose out of application made for succession certificate. Perusal of the consent terms of which implementation is sought by this petition shows that by those consent terms, there is no provision made for grant of any succession certificate in favour of anybody. Instead, the consent terms provided for division and distribution of the property alleged to have been left behind by the deceased. It also issues direction to parties who were not parties to the consent terms. When an application is made before the Testamentary Court for succession certificate, the Testamentary Court can either issue succession certificate on adjudication or by consent of the parties. It cannot make an order for division of the property. Thus, the consent terms clearly travel beyond the jurisdiction of the Testamentary Court and therefore, in our opinion, the consent terms are not enforceable. A writ preferred for enforcement of such consent terms cannot be entertained. Petition is -3- therefore rejected. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( V.M. KANADE J.)