Bombay High Court
SMT. NEELAN SURESHversusHEMANT SHIVANAND WAGLE
- Decided
- Disposal
- DISPOSED OFF
- Bench
- SHARMILA U DESHMUKH
Holding
The Court decreed the testamentary suit in accordance with the parties’ consent terms, granting joint letters of administration and dispensing with bonds.
Summary
The plaintiff, Smt. Neelan Suresh, filed a testamentary suit seeking letters of administration over the estate of a deceased relative. The defendant, Hemant S. Wagle, contested the claim, leading to a protracted suit (No. 130 of 2014). The parties later reached an amicable settlement, documented in consent terms, whereby the letters of administration would be granted jointly to both parties. The plaintiff agreed to pay an agreed sum to the defendant and to relinquish her undivided 50% share in the flat, executing a release deed. The Court, satisfied that the settlement complied with law, recorded the consent terms, withdrew the caveat, and decreed the suit without drawing a formal decree, also ordering refund of court fees and dispensing with administration bonds.
Issues considered
- The appropriate grant of letters of administration in light of the parties’ settlement
- Whether the court may dispense with the execution of a formal decree and administration bonds upon settlement
Subjects
- testamentary suit
- letters of administration
- consent decree
- joint administration
- settlement
- release deed
- court fee refund
Judgment
2026:BHC-OS:7505
902 TS-130-2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY SUIT NO. 130 OF 2014
IN
TESTAMENTARY PETITION NO. 297 OF 2014
Smt. Neelan Suresh alias Neelan Nadkarni ...Plaintiff
Versus
Hemant Shivanand Wagle ...Defendant
——————
Ms. Sharmili Mhatre for Defendants.
Mr. Hemant S. Wagle, Defendant present.
Mr. Darshit Jain i/b Mr. S. J. Nagarri for Plaintiffs.
Ms. Neelan Suresh (VC), Plaintiff present.
——————
CORAM : SHARMILA U. DESHMUKH, J.
DATE : MARCH 27, 2026
P. C. :
1. This Court is informed that the dispute has been amicably settled
between the parties.
2. The Consent Terms are tendered which are taken on record and
marked ‘X’ for identification. The Caveator tenders the Affidavit
withdrawing the caveat which is taken on record.
3. By these Consent Terms, the parties have arrived at settlement
that the letters of administration to the estate of the deceased be
granted jointly in favor of Plaintiff and Defendant. The Consent Terms
further record that upon agreed sum being paid by the Plaintiff to
Defendant, the Plaintiff will relinquish undivided 50% share in subject
Sairaj 1 of 2
902 TS-130-2014.doc
flat and Release Deed will be executed.
4. The Consent Terms are signed by the Plaintiff and by the
Defendant-Caveator. The Plaintiff is present virtually and Defendant is
present in person. The parties reiterate the terms of the Consent
Terms.
5. The statements made in the Consent Terms are accepted as
undertaking given to this Court.
6. Testamentary Suit No. 130 of 2014 is decreed.
7. Drawing up of Decree is dispensed with.
8. Refund of Court-fees as per rules.
9. The grant to be issued in accordance with the terms of Consent
Terms expeditiously.
10. As the dispute has been settled between the parties and there
are no caveators/legal heirs, furnishing of administration bond and
surety bond, if any, be dispensed with.
[SHARMILA U. DESHMUKH, J.]
Sairaj 2 of 2
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.