1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION APPEAL NO. 299 OF 2011 IN NOTICE OF MOTION NO.13 OF 2011 IN TESTAMENTARY SUIT NO.51 OF 2010 IN TESTAMENTARY PETITION NO.366 OF 2010 Austin Thomas Thadeus D’Costa .. Appellant V/s Dr.Victor Peter Francis Xavier D’Costa & Anr. .. Respondents Ms.Vandana Santara for the Appellant. Mr.Denzil D’ Mello for the Respondents. CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATE: 7th June, 2011 P.C.: Admit. Heard finally by consent of the parties. By consent of the parties appeal is disposed of in the following terms:- 1. Appellant has agreed to pay to the Respondents an amount of Rs.15,000/- as costs within a period of four weeks from today. 2. In case the appellant pays to the Advocate for the Respondents an amount of Rs.15,000/- as costs within a period of four weeks from today, the order 2 impugned in the appeal dated 14.03.2011 passed by the learned Single Judge of this Court shall stand set aside and the Notice of Motion No.13 of 2011 shall stand remitted back to the learned Single Judge for de-novo hearing. 3. Within a period of two weeks from the date of appellant paying the costs to the Respondents, the appellant shall be at liberty to file additional affidavit in support of the Caveat. 4. The learned Single Judge shall take up the Notice of Motion No.13 of 2011 for hearing only after the appellant files the additional affidavit. While deciding that notice of motion, the additional affidavit shall be taken into consideration. 5. Appeal is disposed of. In view of disposal of appeal, Notice of Motion No.1435 of 2011 stands disposed of. (R.G.KETKAR, J.) (D.K.DESHMUKH, J.)