Gujarat High Court
Bimal Jayesh Shukla vs Kokilaben Jayesh Shukla on 8 September, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/1761/2024 ORDER DATED: 08/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1761 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In
R/FIRST APPEAL NO. 1761 of 2024
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BIMAL JAYESH SHUKLA
Versus
KOKILABEN JAYESH SHUKLA & ANR.
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Appearance:
MR MOTI P DABHI(10778) for the Appellant(s) No. 1
MR. MANASVI THAPAR(8198) for the Appellant(s) No. 1
VAIBHAV V GOSWAMY(9019) for the Defendant(s) No. 1
MR VIMAL PATEL for VMP LEGAL(7210) for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 08/09/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The present appeal is filed by the appellant against judgment and order dated 14.03.2024 passed by Chief Judicial Magistrate and Additional Senior Civil Judge, Ahmedabad (Rural) in Special Civil Suit No.104 of 2017. The appeal arises out of property dispute amongst family members. The appellant is the son of respondent No.1 herein and elder brother of respondent No.2.
2. The matter was placed before this Court on 11.06.2025, Page 1 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025 NEUTRAL CITATION C/FA/1761/2024 ORDER DATED: 08/09/2025 undefined when the Court recorded that the parties are in process of settlement and on the verge of finalizing certain terms. The matter was thereafter adjourned from time to time.
3. Today, when the matter is taken up for hearing learned Advocates for the parties report that the matter is amicably settled between the parties and consent terms are executed between the parties on 07.09.2025, which is placed on record.
4. In the consent terms, it is agreed between the parties as under:-
"I. With regard to 46, Mahasukhnagar Cooperative Housing Society Limited-2, also known as, Prerna Tirth Bungalows Vibhag-1, Opposite Prerna Tirth Derasar, Satellite Road, Ahmedabad-380015, admeasuring 175.59 square meters with construction standing thereon admeasuring 217 square meters, built on Survey No.72-3 and 73-1 (Registration Number G-16186) (hereinafter referred to as "the Property No.1"):
(a) The Appellant - Bimal and Respondent No.2 -
Biren agree, confirm and acknowledge that the Property No.1 is owned and possessed by the Respondent No.1 Kokila and that she is the absolute owner of Property No.1, and is in full possession thereof and shall remain the absolute owner and possessor of the Property No.1, to the exclusion of all others, including the Appellant -
Page 2 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025NEUTRAL CITATION C/FA/1761/2024 ORDER DATED: 08/09/2025 undefined Bimal and Respondent No.2 - Biren, till the time of her passing away.
(b) The parties agree that the Respondent No.1 Kokila shall execute a legal and valid Will bequeathing the Property No.1 in equal share to her sons, namely, Appellant - Bimal and Respondent No.2 - Biren.
(c) All three parties agree that within a period of three (3) months from the date of signing of the present Consent Terms, the Respondent No.1 Kokila will take the necessary steps in making both Appellant - Bimal and Respondent No.2 Biren as equal nominees on the Share Certificate of the Property No.1. The Appellant-Bimal and Respondent No.2 Biren shall render full cooperation and assistance to the Respondent No.1 - Kokila in this regard.
d) The parties agree and confirm that the Property No.1 shall be maintained by Respondent No.1 - Kokila. It has been agreed by all the parties that Respondent No.1 - Kokila shall maintain the Property No.1.
(e) Upon the passing away of the Respondent No.1 -
Kokila, the Executor appointed in her Will, shall carry out valuation of Property No.1, by a mutually agreeable third-party valuer.
(f) The Appellant - Bimal and Respondent No.2 -
Biren further agree that subsequent to the Page 3 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025 NEUTRAL CITATION C/FA/1761/2024 ORDER DATED: 08/09/2025 undefined valuation of the Property No.1, the same shall be sold on a "as is where is" condition.
(g) The Appellant - Bimal and Respondent No.2 -
Biren agree and confirm that from the sale proceeds received from the sale of the Property No.1, all expenses incurred towards the sale, including but not limited to, the valuation of the property, agent charges, registration charges, stamp duty charges, etc., would be deducted. In the event any one or both parties make any payments towards the expenses for the sale of Property No.1, the said party would be reimbursed from the sale proceeds. Thereafter, the balance sale proceeds would be equally divided between the Appellant - Bimal and Respondent No.2 - Biren.
(h) The aforesaid procedure for sale of the Property No.1 shall be completed within a period of one year from the passing away of the Respondent No.1 - Kokila.
(i) Till the time of passing away of the Respondent No.1 Kokila, all the parties agree and confirm that the Respondent No.1 - Kokila shall be the sole and absolute owner and possessor of the Property No.1 and that the Respondent No.1 - Kokila, exclusively, has the right of sole occupation, use and enjoyment of the Property No.1.
(j) The parties further agree and confirm that during Page 4 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025 NEUTRAL CITATION C/FA/1761/2024 ORDER DATED: 08/09/2025 undefined the lifetime of the Respondent No.1-Kokila, the Appellant - Bimal, the Respondent No.2 Biren, and/or any other legal heir, representative or successor, shall not have any right, title or interest in the Property No.1 and they shall not interfere with her peaceful ownership and possession of the Property No.1. The Appellant - Bimal, the Respondent No.2 - Biren, and/or any other legal heir, representative or successor hereby expressly waive their right, title and interest in the Property No.1, including its possession, during the lifetime of the Respondent No.1 -Kokila and they further undertake not to pursue any proceedings before any forum with regard to the Property No.1 during the lifetime of the Respondent No.1 - Kokila.
II. With regard to Farm House at Sub-Plot No.55, Treasure Chest Complex, Village Shela, Taluka Sanand, District Ahmedabad, admeasuring 840 square meters, forming a part of Strong Foundation Association (Registration Number:
NTCG-610) (hereinafter referred to as "the Property No.2"):
(a) The Property No.2 shall be released by Appellant Respondent No.1 - Kokila in favour of the Respondent No.2 - Biren with clear title and required documentation.
(b) The Respondent No.2 Biren agrees and undertakes to pay the redevelopment fee Page 5 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025 NEUTRAL CITATION C/FA/1761/2024 ORDER DATED: 08/09/2025 undefined approximately amounting to Rs.12,00,000/- (Rupees Twelve Lakhs Only) (Rs. 10,00,000/- + GST), as was levied on or around June, 2024. It has been informed to the parties that the Treasure Chest Foundation has charged compound interest and that the outstanding balance, as on 05.08.2025, is Rs. 16,00,000/-
(Rupees Sixteen Lakhs Only). It is agreed between the parties that the difference between the original amount, i.e. Rs. 12,00,000/- and outstanding balance as on 11.09.2025, shall be paid equally by the Appellant - Bimal and the Respondent No.2 - Biren. The Appellant -Bimal and the Respondent No.2 - Biren agree, confirm and undertake that they shall pay their respective 50% share of the outstanding amount only on 11.09.2025. In the event, one of the parties pays their share on 11.09.2025, and the other party fails to pay their share on 11.09.2025, then the interest that would be accrued subsequently, shall solely be paid by the party that failed to pay by 11.09.2025.
(c) The parties agree that a registered Release Deed shall be executed by Appellant - Bimal and the Respondent No.1 - Kokila, in favour of the Respondent No.2 - Biren before the concerned office of the Sub-Registrar within a period of six (6) months from the date of the present Consent Terms.
(d) The parties agree and confirm that in view of the Page 6 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025 NEUTRAL CITATION C/FA/1761/2024 ORDER DATED: 08/09/2025 undefined registered Release Deed, the Respondent No.2 Biren shall become the sole and absolute owner of Property No.2 and shall hold absolute legal and valid right, title, interest and possession of the Property No.2.
(e) All parties hereby agree to extend full cooperation and assistance in transferring the title of the Property No.2 in favour of the Respondent No.2 - Biren's name. Any and all expenses pertaining to the Release Deed, registration charges, etc. shall be borne by the Respondent No.2 - Biren.
III. In accordance with the legal requirements of USA, the Respondent No.2 requires valuation of the Property Nos.1 & 2 as on April, 2016. The Appellant and the Respondent No.1 agree to extend full cooperation in providing any necessary signatures or documentation, without exception or compensation. All expenses related to the valuation of the said properties would be borne solely by the Respondent No.2 - Biren.
IV. With regard to Fixed Deposits/Policies, etc. (hereinafter referred to as "Fixed Deposits"):
(a) The Respondent No.1 - Kokila, during her lifetime is entitled to use the Fixed Deposits, in her name, in the manner that she deems fit, solely, to the exclusion of all. It is further agreed by and between the parties that the Appellant - Bimal and the Respondent No.2 - Biren shall neither Page 7 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025 NEUTRAL CITATION C/FA/1761/2024 ORDER DATED: 08/09/2025 undefined have the right or interest in the Fixed Deposits during the lifetime of the Respondent No.1 -
Kokila nor shall have any say in the manner in which the Fixed Deposits are used by the Respondent No.1 - Kokila.
(b) It is agreed by and between the parties that, subsequent to the passing away of the Respondent No.1 - Kokila, both the Appellant - Bimal and Respondent No.2 - Biren, any remaining Fixed Deposits in the name of the Respondent No.1 - Kokila, shall be divided amongst the Appellant -Bimal and the Respondent No.2 - Biren, equally.
(c) For the purpose of ease of the said division, the Respondent No.1 - Kokila shall ensure that the names of the Appellant Bimal and the Respondent No.2 - Biren are entered as nominee in the Fixed Deposits.
(d) The details of the Fixed Deposits amounting to Rs.80,00,000/- (Rupees Eighty Lakhs Only) wherein the name of the Appellant - Bimal is to be entered as the nominee is as follows:
i. Life Insurance Policy with HDFC of Rs.5,00,000/-
bearing Policy No.22711138;
ii. Life Insurance Policy with HDFC of Rs. 10,00,000 bearing Policy No.24770141;
iii. Fixed Deposit with Bank of India of Rs.50,00,000/-Page 8 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025
NEUTRAL CITATION C/FA/1761/2024 ORDER DATED: 08/09/2025 undefined bearing No.202453710001236;
iv. Senior Citizen Fixed Deposit with State Bank of India of Rs.15,00,000/- bearing No.44388292798.
(e) The details of the Fixed Deposits amounting to Rs.80,00,000/- (Rupees Eighty Lakhs Only) wherein the name of the Respondent No.2 - Biren is to be entered as the nominee is as follows:
i. Government of India Floating Bond of Rs.15,00,000/- bearing No.1004030100478;
ii. Fixed Deposit with Bank of India of Rs.50,00,000/-
bearing No.202453710002087;
iii. Senior Citizen Fixed Deposit with State Bank of India of Rs.15,00,000/- bearing No.40201985865.
V. With regard to Bank Accounts / PPF Accounts (hereinafter referred to as "Bank Accounts"):
(a) The Respondent No.1 - Kokila has the following Bank Accounts:
Sr. Name of Bank and Address Account No. No.
1. State Bank of India 30232976938 Prerna Tirth Road Branch CIF No.80012711925
2. HDFC Bank 50100837107884 Prerna Tirth Road Branch
3. Nutan Nagarik Co-op Bank 011101540004017 Satellite Road Branch
4. Kalupur Commercial Bank 05110102051 Page 9 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025 NEUTRAL CITATION C/FA/1761/2024 ORDER DATED: 08/09/2025 undefined Jodhpur Branch
5. Bank of India 20241010007950 S. M. Road Branch
6. HDFC Bank, 50100263784412 Prerna Tirth Road Branch
7. Post Office, Narayan Nagar, Vasna 04948403923
(b) The Respondent No.1 - Kokila, during her lifetime is entitled to use the Bank Accounts, in her name, in the manner that she deems fit, solely, to the exclusion of all. It is further agreed by and between the parties that the Appellant Bimal and the Respondent No.2 Biren shall neither have the right or interest in the Bank Accounts during the lifetime of the Respondent No.1 - Kokila nor shall have any say in the manner in which the Bank Accounts are used by the Respondent No.1 Kokila.
(c) It is agreed by all the parties that Mr. Paresh Kantilal Shukla's name shall be entered as the nominee, in the Bank Accounts, who is also the Executor of the Will of the Respondent No.1- Kokila. Upon passing away of the Respondent No.1-Kokila, Mr. Paresh Shukla (as the Executor or in the event of his demise, the Executor thereafter named in the Will), shall divide the balance of the Personal Deposits equally between the Appellant - Bimal and Respondent No.2 - Biren.
(d) The Respondent No.1 - Kokila agrees and Page 10 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025 NEUTRAL CITATION C/FA/1761/2024 ORDER DATED: 08/09/2025 undefined undertakes that in the Bank Accounts, if there is anyone else named as the nominee, that person's name shall be removed and the name of Mr. Paresh Kantilal Shukla's name shall be entered as the nominee.
VI. With regard to deposits / policies, etc. enumerated hereinbelow (hereinafter referred to as "the Personal Deposits").
(a) The Respondent No.1 - Kokila has the following Personal Deposits:
i. Indian Post Department Term Deposit of Rs.3,00,000/- bearing No.4957019832 maturing on 11.11.2025 having maturity amount of Rs.3,20,610/-.
ii. Indian Post Department Term Deposit of Rs.5,00,000/- bearing No.020035314316 maturing on 19.03.2027 having maturity amount of Rs.5,34,351/-.
iii. Indian Post Department Monthly Income Scheme of Rs.4,50,000/-bearing No.20002400514 maturing on 25.01.2026.
iv. Indian Post Dept Recurring Deposit Rs.1,74,240/-
bearing no.20002383509 maturing on 25.01.2026.
v. Public Provident Fund (PPF) of Rs.23,81,214/- as on 31.03.2025 bearing account No.30242342548.
Page 11 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025NEUTRAL CITATION C/FA/1761/2024 ORDER DATED: 08/09/2025 undefined vi. Fixed Deposit with HDFC Bank of Rs.1,00,000/-
bearing No.AM/9723745 maturing on 02.08.2026.
vii. Fixed Deposit with HDFC Bank of Rs. 1,00,000/-
bearing No.AM/9723714 maturing on 07.08.2026.
viii. Fixed Deposit with HDFC bank of Rs.1,00,000/-
bearing No.50301169666150 maturing on 05.12.2025 having maturity amount of Rs.1,03,176/-.
ix. Fixed Deposit with HDFC bank of Rs.1,00,000/-
bearing No.50301169667446 maturing on 05.12.2025 having maturity amount of Rs.1,03,176/-.
x. Fixed Deposit with HDFC bank of Rs.3,00,000/-
bearing No.50301002477397 maturing on 12.02.2026.
xi. Fixed Deposit with HDFC bank of Rs.4,00,000/-
bearing No.50301123486825 maturing on 06.09.2026.
xii. Fixed Deposit with HDFC bank of Rs.3,00,000/-
bearing No.50301171325998 maturing on 08.09.2026.
xiii. Fixed Deposit with HDFC bank of Rs.5,00,000/-
bearing No.50300742540917 maturing on 26.01.2028.
xiv. Fixed Deposit with HDFC bank of Rs.5,00,000/-
bearing No.50300741419870 maturing on Page 12 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025 NEUTRAL CITATION C/FA/1761/2024 ORDER DATED: 08/09/2025 undefined 26.01.2028.
XV. Fixed Deposit with HDFC bank of Rs.5,00,000/-
bearing No.50300742539372 maturing on 24.01.2028.
xvi. Fixed Deposit with HDFC bank of Rs.5,00,000/-
bearing No.50300742538505 maturing on 28.01.2028.
xvii. Fixed Deposit with HDFC bank of Rs.3,00,000/-
bearing No.50301101388308 maturing on 29.08.2029.
xviii. Nutan Nagarik bank Fixed Deposit of Rs.5,00,000/- bearing No.1550/2074/1 maturing on 17.05.2027.
xix. Fixed Deposit with Kalupur Commercial Bank of Rs. Rs.6,00,000/-bearing No.05198600000176 maturing on 10.05.2026.
xx. Fixed Deposit with Bajaj Finance Ltd. of Rs.5,00,000/- bearing No.1365064 maturing on 20.05.2026.
xxi. Tata AIG Life Insurance policy of Rs.5,00,000/-
bearing No.C233287726.
xxii. Tata AIG Life Insurance policy of Rs.5,00,000/-
bearing No.C249133738.
(b) The Respondent No.1 - Kokila, during her lifetime is entitled to use the Personal Deposits, in her Page 13 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025 NEUTRAL CITATION C/FA/1761/2024 ORDER DATED: 08/09/2025 undefined name, in the manner that she deems fit, solely, to the exclusion of all. It is further agreed by and between the parties that the Appellant - Bimal and the Respondent No.2 - Biren shall neither have the right or interest in the Personal Deposits during the lifetime of the Respondent No.1 - Kokila nor shall have any say in the manner in which the Personal Deposits are used by the Respondent No.1-Kokila.
(c) It is agreed by all the parties that Mr. Paresh Kantilal Shukla's name shall be entered as the nominee, in the above Personal Deposits, who is also the Executor of the Will of the Respondent No.1-Kokila. Upon passing away of the Respondent No.1 Kokila, Mr. Paresh Shukla (as the Executor or in the event of his demise, the Executor thereafter named in the Will) shall divide the balance of the Personal Deposits equally between the Appellant - Bimal and Respondent No.2 - Biren.
(d) The Respondent No.1 - Kokila agrees and undertakes that in the Bank Accounts, if there is anyone else named as the nominee, that person's name shall be removed and the name of Mr. Paresh Kantilal Shukla's name shall be entered as the nominee.
VII. The Appellant-Bimal and the Respondent No.2 -
Biren categorically agree, confirm and undertake that till the time of passing away of the Page 14 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025 NEUTRAL CITATION C/FA/1761/2024 ORDER DATED: 08/09/2025 undefined Respondent No.1 Kokila, only the Respondent No.1 - Kokila shall have the sole and exclusive right to operate and use the Fixed Deposits, Bank Accounts and Personal Deposits. The Appellant- Bimal and the Respondent No.2 Biren, shall have no right or interest in the Fixed Deposits, Bank Accounts and Personal Deposits and they would not be entitled to, in any manner whatsoever, to deal with or operate the said Fixed Deposits, Bank Accounts and Personal Deposits, during the life time of the Respondent No.1 Kokila.
VIII. With regard to Movable property in the form of jewelry and other valuables:
(a) It is agreed by all the parties that the Respondent No.1 Kokila shall keep all of her jewelry, ornaments, and other valuables in an orderly manner in Locker No.1034 in Kalupur Commercial Bank, Jodhpur Branch.
(b) It is further agreed by all the parties that Mr. Paresh Kantilal Shukla's name would be entered as the nominee, for the said locker, who is also the Executor of the Will of the Respondent No.1 -
Kokila.
(c) It is agreed by and between the parties and only the Respondent No.1 Kokila shall have the sole and exclusive right to operate and use the Locker and its contents. The Appellant - Bimal and the Respondent No.2-Biren, shall have no right or interest or say in the Locker No.1034 in Kalupur Page 15 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025 NEUTRAL CITATION C/FA/1761/2024 ORDER DATED: 08/09/2025 undefined Commercial Bank, Jodhpur Branch, and they would not be entitled to, in any manner whatsoever, to deal with or operate the said Locker during the lifetime of the Respondent No.1 - Kokila.
(d) It is agreed and confirmed by the Appellant -
Bimal and the Respondent No.2 Biren that they would be responsible for paying half of the annual rent/charges of the Locker No.1034 in Kalupur Commercial Bank, Jodhpur Branch, as and when due, after signing of the present Consent Terms. The bank accounts in which both the parties would pay their respective share of the locker rent/charges, is as follows:
Bank Name & Account Number Locker Branch Rent/Charges to be paid by HDFC Bank, 50100837107884 Bimal J. Shukla Prerna Tirth Road Branch HDFC Bank, 50100263784412 Biren J. Shukla Prerna Tirth Road Branch
(e) The jewelry, ornaments, and other valuables kept in the said Locker is a part of the Respondent No.1 - Kokila's estate. Upon her passing away, the nominee Mr. Paresh Kantilal Shukla (as the Executor or in the event of his demise, the Executor thereafter named in the Will) shall divide the contents of the locker equally between Page 16 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025 NEUTRAL CITATION C/FA/1761/2024 ORDER DATED: 08/09/2025 undefined the Appellant - Bimal and Respondent No.2 -
Biren.
(f) The parties further agree that any jewelry or valuable that is left outside of the aforesaid bank locker, however, is forming a part of the estate of Respondent No.1 Kokila, shall be distributed equally between the Appellant-Bimal and the Respondent No.2-Biren, by Mr. Paresh Kantilal Shukla (as the Executor or in the event of his demise, the Executor thereafter named in the Will).
IX. With regard to Maintenance to Respondent No.1 - Kokila:
(a) The parties agree and confirm that the Appellant-
Bimal and the Respondent No.2 - Biren, shall pay an amount of Rs.25,000/- (Rupees Twenty Five Thousand) each, per month, to the Respondent No.1 Kokila towards her maintenance. The said amount of Rs.25,000/-, each, is to be paid every month by Appellant - Bimal and the Respondent No.2 - Biren to the Respondent No.1 Kokila Jayesh Shukla.
(b) The Appellant - Bimal and the Respondent No.2 -
Biren agree, confirm and undertake that with effect from 01.10.2025, both the parties shall pay Rs.25,000/-, each, on a monthly to the Respondent No.1 - Kokila Jayesh Shukla. The said payment of maintenance would be paid on the 1st of every month and under no circumstances later Page 17 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025 NEUTRAL CITATION C/FA/1761/2024 ORDER DATED: 08/09/2025 undefined than 5th of every month.
(c) The Appellant - Bimal and the Respondent No.2 -
Biren agree, confirm and undertake that the maintenance to be paid by each party, i.e. Rs.25.000/- each, shall increase by 5% every year. The said revision would come into effect from the 1st of October every year.
(d) The monthly maintenance shall be paid by the Appellant - Bimal and the Respondent No.2 Biren in the respective bank accounts of the Respondent No.1 Kokila, in which the Appellant - Bimal and the Respondent No.2 - Biren, are nominated, respectively. The details of the bank accounts are as follows:
Bank Name & Account Number Maintenance to Branch be Deposited By HDFC Bank, 5010083710788 Bimal J. Shukla Prerna Tirth 4 Road Branch HDFC Bank, 5010026378441 Biren J. Shukla Prerna Tirth 2 Road Branch
(e) The Appellant - Bimal and the Respondent No.2 -
Biren shall be duty bound to bear all the medical expenses of Respondent No.1 - Kokila that may arise in future and the same shall be borne equally by the Appellant - Bimal and the Respondent No.2 - Biren.
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(f) It is agreed and confirmed by the Appellant -
Bimal and the Respondent No.2 Biren that in the event of default in making payments towards the above-mentioned maintenance amount and/or in the event of the Appellant - Bimal and the Respondent No.2 - Biren fail to pay their equal share of medical expenses of the Respondent No.1 - Kokila, then such unpaid amount shall be first deducted from the share of respective party's allocation of Fixed Deposits, Bank Accounts, Personal Deposits and jewelry, ornaments and other valuables. Furthermore, the Respondent No.1 - Kokila shall be entitled to alter, modify or revoke the movable or immovable property share, or both, bequeathed to the said respective son under her Will, even though, the same may, then be contradictory to the present Consent Terms. In other words, the parties agree and confirm that, though the present Consent Terms and the Will of the Respondent No.1 Kokila make provision for equal division of the estate between the Appellant-Bimal and Respondent No.2 - Biren, in the event of default in paying maintenance and/or medical bills by any or both of the sons, the Respondent No.1 - Kokila would be entitled to alter, modify or revoke the movable or immovable property share, or both, bequeathed to the said respective son under her Will and in such an event, the Will shall prevail over the present Consent Terms.
X. The Appellant Bimal and the Respondent No.2 -
Page 19 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025NEUTRAL CITATION C/FA/1761/2024 ORDER DATED: 08/09/2025 undefined Biren agree and undertake to address a joint email to (i) the other person; (ii) the Respondent No.1-Kokila; and (iii) Mr. Paresh Kantilal Shukla, giving details of the payment of maintenance by them to the Respondent No.1 - Kokila, as well as, any payments made by them for medical expenses for the Respondent No.1 - Kokila, twice a year, i.e. 6-monthly basis.
XI. It is agreed by and between all parties that the distribution of the estate, upon the passing away of the Respondent No.1 - Kokila, shall be effected in the following sequence:
(a) Mr. Paresh Kantilal Shukla's, the uncle of the Appellant - Bimal and the Respondent No.2 Biren, and the Executor of the Will of the Respondent No.1 - Kokila (in the event of demise of the Executor, the Executor thereafter named in the Will), shall at first verify the payments made by the Appellant - Bimal and Respondent No.2 -
Biren to the Respondent No.1 - Kokila towards maintenance and medical expenses of the Respondent No.1 - Kokila.
(b) The Property No.1 shall be sold in accordance with the present Consent Terms and the proceeds thereof shall be distributed as provided in the present Consent Terms.
(c) After disposal of Property No.1, the Fixed Deposits and then the Bank Accounts and then the Personal Deposits standing in the name of the Page 20 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025 NEUTRAL CITATION C/FA/1761/2024 ORDER DATED: 08/09/2025 undefined Respondent No.1 - Kokila, shall be distributed as provided in the present Consent Terms.
(d) Upon completion of the above, the jewelry, ornaments and other valuables of the Respondent No.1 provided in the present Consent Terms. Kokila, shall be distributed as provided in the present Consent Terms.
(e) It is categorically agreed upon by all the parties that prior to the actual disbursement of the above, Mr. Paresh Kantilal Shukla will verify that both the Appellant - Bimal and the Respondent No.2 - Biren have paid equal amounts towards maintenance, as well as, the medical expense for the Respondent No.1 - Kokila, during her lifetime. In the event, one of the parties has paid a higher/larger sum compared to the other, then the above disbursement shall be undertaken in the manner wherein the party that has paid the higher/larger sum would be compensated proportionately for the estate of the Respondent No.1-Kokila, i.e. from the amounts to be disbursed.
(f) It is categorically agreed upon by all the parties that prior to the actual disbursement of the above, Mr. Paresh Kantilal Shukla shall also verify that the Will of the Respondent No.1 Kokila has not been altered, modified or revoked, in the eventuality stated hereinabove, i.e. of the sons has not paid their share of the maintenance Page 21 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025 NEUTRAL CITATION C/FA/1761/2024 ORDER DATED: 08/09/2025 undefined and/or medical expense. In the event the Will of the Respondent No.1 - Kokila has been altered, modified or revoked, the disbursement of the estate of the Respondent No.1 - Kokila will shall take place in accordance with her Will.
XII. In the event the Respondent No.1 - Kokila acquires any other property in future or if any other property is found with the Respondent No.1
- Kokila, at the time of her passing away, then such property shall be equally divided amongst the Appellant - Bimal and the Respondent No.2 - Biren.
XIII. The Appellant - Bimal and the Respondent No.2 -
Biren shall take care of the Respondent No.1 Kokila during her old age. Both the Appellant Bimal and the Respondent No.2 - Biren shall live cordially with each other.
XIV. All the parties to the present Consent Terms agree, confirm and undertake to abide by the present Consent Terms in letter and in spirit.
XV. All the parties to the present Consent Terms agree and confirm and the captioned the First Appeal No.1761 of 2024 be disposed of in terms of the present Consent Terms.
XVI. All the parties to the present Consent Terms agree, confirm and undertake not to raise any disputes in the future on any and all issues covered in the present Consent Terms before any Page 22 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025 NEUTRAL CITATION C/FA/1761/2024 ORDER DATED: 08/09/2025 undefined Court or forum."
5. In view of the aforesaid amicable settlement arrived at between the parties in the form of consent terms having been executed as aforesaid, judgment and order dated 14.03.2024 passed by Chief Judicial Magistrate and Additional Senior Civil Judge, Ahmedabad (Rural) in Special Civil Suit No.104 of 2017 is hereby ordered to be quashed and set aside. The appeal stands disposed of in terms of the consent terms. The decree be drawn accordingly. The parties are directed to abide by terms of consent terms.
6. In view of the order passed in the main appeal, Civil Application does not survive. Disposed of accordingly.
(A.Y. KOGJE, J) (NSSG,J) SHITOLE Page 23 of 23 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:51 IST 2025