1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO.59 OF 2005 IN TESTAMENTARY PETITION NO.110 OF 2004 Leela Alias Ruby Alias Laila Mohammed Sonavala ...Plaintiff/Petitioner Rafique Gulam Hussein Sonavala ...Caveator/Defendant ----- Mr.S.U.Lakdawala for Plaintiff/ Petitioner Mr.Rafique Gulam Hussein Sonavala - present in person. ----- CORAM: V.M. KANADE J. DATED: 8TH JANUARY, 2010 P.C. 1. The learned Counsel appearing on behalf of the Petitioner - Plaintiff submits that the consent terms were filed by the Petitioner and the Caveator in the year 2006 in this Court. The original consent terms, however, are not being traced. The Caveator is present in the Court. He submits that xerox copy of the consent terms was shown to the said Caveator. He submits that he had signed the consent terms and withdrawn the Caveat in the suit. In view of the statement made by the Caveator in the consent terms, 2 the Petition for Probate of the Last Will and Testament of Yusuf Gulam Hussein Sonavala is allowed in terms of the consent terms. The xerox copy of the consent terms is marked 'X' for the purpose of identification and is taken on record. The Petitioner undertakes to file a xerox copy of the consent terms within one week from today. The office to trace the original consent terms which are filed by the Petitioner herein. Accordingly, the probate is allowed. Drawn up order is expedited. 2. The Petitioner seeks time to file a copy of the Notice of Motion of the Caveator. Stand over for two weeks. (V.M. KANADE J.)