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Bombay High Court
Amit Vardhaman Shah (Paintiff) vs Sinu Roji (Defendant) on 27 March, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
2026:BHC-OS:7501
162.TP.643.2024+.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY PETITION NO.643 OF 2024
Usha Thakurdas Mahtani .. Deceased
Amit Vardhman Shah .. Petitioner
WITH
CAVEAT NO.191 OF 2025
IN
TESTAMENTARY PETITION NO.643 OF 2024
Usha Thakurdas Mahtani .. Deceased
Amit Vardhman Shah .. Petitioner
Versus
Sinu Rohi .. Caveator
WITH
TESTAMENTARY SUIT NO.164 OF 2025
IN
TESTAMENTARY PETITION NO.643 OF 2024
WITH
WILL NO.274 OF 2024
IN
TESTAMENTARY PETITION NO.643 OF 2024
Usha Thakurdas Mahtani .. Deceased
Amit Vardhman Shah .. Plaintiff
Versus
Sinu Rohi .. Defendant
....................
Ms. Unnati Kalvani, Advocate i/by Mr. Dharmin Sampat for
Petitioner / Plaintiff.
Mr. Madhav Shah, Advocate i/by Mr. Siddharth Desai, Advocate for
Defendants.
...................
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162.TP.643.2024+.doc
CORAM : MILIND N. JADHAV, J.
DATE : MARCH 27, 2026
P.C.:
1. Mentioned out of turn.
2. Heard Mr. Kalvani, learned Advocate for Petitioner / Plaintiff
and Mr. Shah, learned Advocate for Defendants.
3. This Petition seeks issuance of probate in respect of the last
Will and Testament of Usha Thakurdas Mahtani.
4. Parties have amicably settled the dispute and filed Consent
Terms dated 17.03.2026.
5. Consent Terms are taken on record and marked 'X' for
identification.
6. They are totally running into 7 pages and are executed by
Advocate for Petitioner; Amit Vardhaman Shah, Petitioner (Executor);
Advocate for Defendant; Sinu Roji, Defendant; Proposed Respondents -
Darshan Sitaram Sonkar; Vinod Kumar Dargai Sonkar; Subhash
Darshan Sonkar; Dinesh Kumar Darshan Sonkar and Chitra Mohan and
Advocate for proposed Respondent.
7. For reference and convenience, 7 pages of the entire Consent
Terms dated 17.03.2026 are scanned and reproduced below:-
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8. Parties who have executed Consent Terms are present before
the Court. They confirm execution of the Consent Terms to the Court.
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Rights and obligations stated in the Consent Terms qua parties to the
Consent Terms are taken as an undertaking given to this Court. All
parties shall abide by the same.
9. Order in terms of Consent Terms for disposal of
Testamentary Petition.
10. In view of settlement arrived between the parties and subject
to the Consent Terms, issue probate in favour of Petitioner as stated in
Consent Terms as prayed for in un-numbered prayer clause of the
Petition which reads thus:-
"The Petitioner prays the probate may be granted to Petitioner
having effect throughout in India, Renouncing the rights of other
executors viz. Dr. Manju Avtar Wadhwan for Probate and
execution of the said Will."
11. For the averments mentioned in the Petition and the above
Consent Terms, Testamentary Petition No.643 of 2024 is allowed in
terms of the relief prayed. Caveat No.191 of 2025 stands disposed.
Testamentary Suit No.164 of 2025 is disposed.
12. Testamentary Department is directed to issue grant / probate
having effect throughout the State of Maharashtra subject to all other
compliances and strictly in accordance with law within a period of two
weeks from today positively.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
HARSHADA
HANUMANT
HARSHADA
HANUMANT
SAWANT
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SAWANT Date: 2026.03.27
18:19:00 +0530
