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 & INTESTATE JURISDICTION TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY SUIT NO.4 OF 1995. TESTAMENTARY SUIT NO.4 OF 1995. TESTAMENTARY SUIT NO.4 OF 1995. IN IN IN TESTAMENTARY PETITION NO.160 of 1990. TESTAMENTARY PETITION NO.160 of 1990. TESTAMENTARY PETITION NO.160 of 1990. 1. Mrs.Nargish Dhunishaw Patel 2. Mrs.Dinaz Jehanbux Wadia .. Plaintiffs versus Khurshed Y. Panthaki ..Defendant Mr.Manik Kalyaniwala i/b. Mulla & Mulla & Craigie Blunt & Caroe for the Plaintiffs Ms.Viloma Shah i/b. Shah & Sanghvi for the defendants. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 11th December, 2008. DATED : 11th December, 2008. DATED : 11th December, 2008. P.C. 1. Consent terms between the plaintiffs and defendant dated today i.e. 1.12.2008, signed by the plaintiffs, defendant and their respective advocates are tendered in the Court along with annexures A to C. The plaintiffs and the defendant are present in the Court. The learned Advocates appearing in the matter on behalf of the plaintiffs and defendant state that the consent terms are signed by the plaintiffs and defendant in their presence. Learned Advocates on both sides pray for grant of probate in accordance with the Will and -2- testament dated 2.3.2008 to testatrix Mrs.Khorshed K.Panthaki in favour of the petitioner. 2. Learned Advocates on both the sides have tendered true copy of the original consent terms which bear signature of the respective parties and their respective advocates. The said true copy is taken on record as second copy. The Consent terms are taken on record and marked "X" for identification. 3. There shall be order in terms of consent terms and in particular clause (1) i.e. to say Prothonotary & Senior Mastger shall issue Probate of Last Will & Testament dated 2.3.1988 of the testatrix Mrs.Khorshed Panthaki in favour of the petitioners, after following normal procedure for the issuance of probate. . Testamentary Suit No.4 of 1995 and Testamentary Petitioin No.160 of 1990 stand disposed of in above terms. . There shall be no order as to costs. -3- (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)