rpa 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 AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO.39 OF 2004 TESTAMENTARY SUIT NO.39 OF 2004 TESTAMENTARY SUIT NO.39 OF 2004 IN IN IN TESTAMENTARY PETITION NO.628 OF 2002 TESTAMENTARY PETITION NO.628 OF 2002 TESTAMENTARY PETITION NO.628 OF 2002 Bhanumati Jivraj Khimsuria .. Plaintiff V/s. Ashish Vijaykumar Doshi Shah & Ors. .. Defendants Mr.Santosh Kumar with K.G.Singhania for the Plaintiff. Mr.N.J.Ratanani i/b.Ashwin Ankad for Defendant Nos. to 5. CORAM : S.C.DHARMADHIKARI, J. CORAM : S.C.DHARMADHIKARI, J. CORAM : S.C.DHARMADHIKARI, J. DATED : 30TH JANUARY, 2009 DATED : 30TH JANUARY, 2009 DATED : 30TH JANUARY, 2009 P.C.:- P.C.:- P.C.:- . The Petition was for grant of probate of will dated 7th October, 1997 was converted into Testamentary suit because after service of citation the caveat came to be filed alongwith affidavit in support. Resultantly, caveators original Defendants are contesting the proceedings by disputing the will. 2. During the pendency of this matter from 2004 ( 2 ) negotiations were going on between parties and now the Plaintiff has decided to relinquish her claim and withdraw the Testamentary Petition so also the suit. 3. That she has done so willingly and without any pressure or force is clear from the terms reduced to writing. The same is explained to her after it was translated in Hindi. It is stated that she has understood the same. She has signed the same. 4. All Defendants have executed a power of attorney in favour of one Ashish Vijaykumar Doshi Shah and the original power of attorney, copy of which is annexed to the consent terms, is produced by the contesting Defendants. The constituted attorney is also present in Court. He fully confirms the statement and further states that the contesting Defendants will take all steps to abide by the consent terms. 5. In these circumstances, the consent terms are taken on record and marked "X" for identification. Order in terms of consent terms. ( 3 ) 6. The order is passed in presence of the Plaintiff Bhanumati J. Khimsurya. (S.C.DHARMADHIKARI, J.) (S.C.DHARMADHIKARI, J.) (S.C.DHARMADHIKARI, J.)