Bombay High Court

RAMESH N.SHAHversusUSHA DINESH SHAH and ORS./

Decided: 7 September 2026
Disposal: DISPOSED OFF

Holding

The court accepted the Consent Terms as binding on the parties and disposed of the testamentary suit, while expressly limiting their effect to the signatories and the subject matter of the suit.

Summary

The plaintiff, Ramesh N. Shah, and the defendants, Usha Dinesh Shah and others, submitted mutually agreed Consent Terms to settle all disputes in a testamentary suit. The court, after confirming that the Consent Terms were signed voluntarily and without coercion, recorded them as binding only on the signatory parties. It expressly clarified that the terms do not affect the rights of any third‑party or non‑signatory, nor do they impact any property not covered by the suit. Consequently, the court accepted the undertakings, marked the Consent Terms on record, and disposed of the testamentary suit. All pending applications, if any, were also dismissed.

Issues considered

What is the effect of a consent decree on the parties to a testamentary suit?
Does a consent decree bind third‑parties or affect rights in property not covered by the suit?

Subjects

testamentary suit
consent decree
settlement
third‑party rights
probate
court approval

Judgment

                                         1/2                    4 TS-12-2000.DOC




                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  TESTAMENTARY AND INTESTATE JURISDICTION


                       TESTAMENTARY SUIT NO. 12 OF 2000
                                         IN
                     TESTAMENTARY PETITION NO. 1169 OF 1999


Ramesh N. Shah                                   … Plaintiff
               Vs.
Usha Dinesh Shah & Others                        … Defendants
                                     _______
Mr. Aayush Ramachandran i/b M/s. Narayanan and Narayanan for Plaintiffs.
Ms. Usha Gadagkar i/b M/s. Khona and Kayser for Defendant Nos. 1A and 2.
Ms. Chaitra Rao for Defendant No. 3.
                                     _______


                            CORAM         :      ARIF S. DOCTOR, J.
                            DATE          :      7th SEPTEMBER, 2026.
P.C.


1.       Learned counsel for parties has today tendered the Consent Terms by


which they submit that all disputes and differences in the captioned


Testamentary Suit has been amicably resolved.


2.       The execution of the Consent Terms is duly supported by report of the


Associate of this Court. The same inter alia reads thus :


                “The Consent Terms are signed by the aforesaid parties
                out of their free will without any undue influence and
                coercion.



Sairaj
                                          2/2                      4 TS-12-2000.DOC




                    Hence, the consent terms are duly executed by the
                    signatories.”

3.       Having noted that the Consent Terms having been duly executed by the


parties to the suit. The Consent Terms are marked ‘X’ and taken on record. The


undertakings given in the Consent Terms are accepted as undertakings given to


this Court.


4.       It is expressly clarified that these Consent Terms shall not be binding upon


any third-party/non-signatory to the Consent Terms. The same shall only bind


the parties/signatories to the Consent Terms. Furthermore, the Consent Terms


shall also not in any manner affect any right, title and interest of any third-party


to the suit nor shall they in any manner operate against in respect of any


property which the suit is not concerned with.


5.       The Testamentary Suit is disposed of.


6.       Nothing survives for consideration in pending Applications, if any, and


the same stand disposed of.




                                                          (ARIF S. DOCTOR, J.)




Sairaj

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