1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 60 OF 2006 IN PETITION NO. 513 OF 2006 Anoopkumar Shivgarud Trivedi & Anr. ... Petitioners. V/s. Devendra Kumar Saraf. ... Defendant/ Caveator Ms. Sunita Potdar for the Petitioners. Mr. A.R. Bamne for the Defendant. CORAM : S.C. DHARMADHIKARI,J. DATED : 08th OCTOBER 2009. P.C. :- In this Testamentary Suit when the matter was at the stage of framing issues, certain negotiations took place between the Caveator and the Petitioners and the caveator has withdrawn the Caveat and the affidavit in support thereof. He has filed consent affidavit affirmed on 8th October 2009 wherein he has confirmed withdrawal of the Caveat. He is also present in Court. 2. Pursuant to the withdrawal of the Caveat and since the Caveator has no objection to the grant being made in favour of the Petitioners, there are certain terms which are sought to be tendered. These terms record the further understanding between the parties with regard to the properties mentioned 2 in the Will of the deceased. While giving his no objection to the grant in favour of the Petitioners, the Defendant has confirmed that all properties which are bequeathed under the Will belong to the deceased. However, the Caveator also being a beneficiary, both sides pray that the terms be taken on record and order be made in furtherance thereof. 3. In the light of the fact that the Caveat is withdrawn willingly and there is no contest, the Petition be treated as uncontested and the Office to process it accordingly and issue the grant in favour of the Petitioners. However, since the terms put an end to the overall disputes and even there are agreements with regard to sharing of the properties which come to the share of the parties, the consent terms are taken on record and marked 'X' for identification. All parties present in Court state that they have no claims against each other. The terms are duly explained to them and thereafter, they have been signed by them. Their Advocates have also signed the terms. 4. There are undertakings in clauses 6,7 and 8 which are accepted. The affidavit withdrawing the Caveat is also taken on record. 5. There shall be an order in terms of the Consent Terms. The Suit is disposed off accordingly. (S.C. DHARMADHIKARI,J.)