1 TS.63.2002 - TP.496.2002.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION TESTAMENTARY SUIT NO. 63 OF 2002 IN TESTAMENTARY PETITION NO.496 OF 2002 Smt. Radhabai Eknath Mhatre ...Deceased Smt. Sheela Kisan Mhatre ...Ptnr./Plaintiff Vs. Smt. Kesharbai S. Mhatre ...Rspdt./Defdt. (Caveatrix) And Arun Kishore @ Kisan Mhatre & Ors. ...Applicants Mr. Rohit Shetty, Advocate for Plaintiff Mrs. Rasika Sachin Mhatre , C.A., on behalf of Defendant Nos.1 to 3 present CORAM : SMT. ROSHAN DALVI, J. DATED : 19 TH APRIL, 2011 P.C. : 1. The original Caveatrix has expired. Upon the service of citation the heirs have been brought on record. There are 7 heirs of the original Caveatrix. 3 of the heirs had filed their Caveat by way of written statement. These are the present Defendants 1, 2 and 3. Defendants 4 to 7 have not filed any Caveat. The present Plaintiff has settled the dispute with Defendants 1, 2 and 3 as also Defendant No.7. The dispute is settled by filing Consent Terms separately between the Plaintiff and the above Defendants. The Consent Terms record a Deed of Release executed by Defendants 1, 2, 3 and 7 and a Power of Attorney executed by them in favour of 2 TS.63.2002 - TP.496.2002.sxw the Plaintiff. Daughter-in-law of Plaintiff is present and has produced her identification. The attorney of Defendants 1, 2, 3 and 7 is also present and has produced her identification. 2. The Advocate on behalf of the Plaintiff identifies the daughter-in- law of the Plaintiff as well as Defendant No.1 who are the attorneys of the respective parties. 3. The above suit is disposed off in terms of the Consent Terms accordingly filed. 4. Four Consent Terms separately filed are taken on record and marked “X”, “X-1”, “X-2” and “X-3” for identification. 5. The other Defendants have not filed any Caveat. Hence the suit is decreed as prayed against Defendants 4, 5 and 6. 6. The Probate shall be granted to the Plaintiff as prayed. 7. The Probate Petition is disposed off accordingly. (SMT. ROSHAN DALVI, J.)