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Bombay High Court
Fali Naval Davar vs Hormazed Naval Davar (Deceased) on 9 April, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
2026:BHC-OS:8918
903. TS-151-2025.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY SUIT NO. 151 OF 2025
WITH
INTERIM APPLICATION NO. 258 OF 2026
Marukh Rusi Katrak .. Plaintiff
Versus
Fali Naval Davar .. Defendant
WITH
TESTAMENTARY PETITION NO. 516 OF 2025
....................
Mr. Jay Joshi a/w Mr. Manas Shah i/by M/s. I.R. Joshi & Co.,
Advocates for Plaintiff
Mr. Agnel Carneiro a/w Mr. Tushar Cooper & Mr. Smith Barboz i/by
M/s. Mulla & Mulla & Craigie Blunt & Caroe, Advocates for
Defendant
...................
CORAM : MILIND N. JADHAV, J.
DATE : APRIL 9, 2026
P. C.:
1. Heard Mr. Joshi, learned Advocate for Plaintiff and Mr. Carneiro,
learned Advocate for Defendant.
2. Testamentary Petition No. 516 of 2025 is not on board today. It
is taken on board.
3. Draft amendment tendered by Mr. Joshi is taken on record and
marked "X" for identification. In view thereof, amendment is
permitted to be carried out in the Suit offline as also online within a
period of one week from today. Reverification stands dispensed with.
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4. Dispute in the present Suit between the Plaintiff and Defendant
has been settled. Plaintiff and Defendant has entered into Consent
Terms dated 09.04.2026. Consent Terms are signed by Plaintiff Nos. 1
and 2, Defendant as also their respective Advocates. Parties executing
the Consent Terms are present before this Court and have been
identified by their respective Advocates. They confirm execution of
the Consent Terms. Consent Terms are running into 9 pages. They are
taken on record and marked "X-1" for identification. Parties shall be
entitled for certified copy of the Consent Terms if they desire. For the
purpose of reference and convenience, Consent Terms are scanned and
reproduced below:-
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5. All rights and obligations mentioned in the Consent Terms qua
the respective parties are taken as undertaking given to the Court and
parties shall abide by the same.
6. All contentions of parties are kept open.
7. Suit is disposed in terms of the Consent Terms. Pending Interim
Application is disposed. Testamentary Petition No. 516 of 2025 is also
disposed.
8. As agreed between the parties in paragraph No. 11 of the
Consent Terms, grant shall be issued in favour of Defendant within a
period of two weeks from today which is as agreed in Testamentary
Petition No 516 of 2025.
9. Liberty to apply.
10. All parties to act on a server copy of this order downloaded from
Bombay High Court website.
Amberkar [ MILIND N. JADHAV, J. ]
RAVINDRA MOHAN
MOHAN Date:
AMBERKAR 2026.04.09
15:55:22
+0530
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