Bombay High Court
Inder Kumar Mehra @ Inder Raj Bhagchand Mehraversus1. Mr. Sanjeev Vatsa and Ors.
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that the consent terms, once duly executed and supported by the Section Officer’s report, lawfully dispose of the testamentary suit and bind only the signatory parties, without affecting third‑party rights.
Summary
The plaintiff, Inder Kumar Mehra, filed a testamentary suit (No. 80 of 2009) and a related petition (No. 1017 of 2008) against the defendants, Sanjeev Vatsa and others. The parties, through their counsel, submitted a draft amendment and subsequently consent terms indicating that the suit had been amicably resolved. The court, after receiving a report from the Section Officer confirming the execution of the consent terms, recorded the terms and marked them for identification. It ordered that the suit and petition be disposed of in accordance with the consent terms, emphasizing that the terms bind only the signatories and do not affect the rights of any non‑signatory third parties. Consequently, all pending applications, if any, were also deemed disposed.
Issues considered
- Whether the execution of consent terms by the parties can lawfully dispose of a pending testamentary suit.
- Whether such consent terms affect the rights, title, or interest of non‑signatory third parties.
Subjects
- testamentary suit
- consent terms
- settlement
- probate
- third‑party rights
- court disposal
Judgment
1/2 10 TP-1017-2008.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY SUIT NO. 80 OF 2009
IN
TESTAMENTARY PETITION NO. 1017 OF 2008
Inder Kumar Mehra … Plaintiff
Vs.
Sanjeev Vatsa and Others … Defendants
WITH
TESTAMENTARY PETITION NO. 1017 OF 2008
_______
Mr. V. Mannadiar i/b Mannadiar and Co. for Petitioner.
Ms. Sanika S. Wabale for Defendants.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 5TH OCTOBER, 2026.
P.C.
1. At the outset, learned counsel appearing on behalf of the Petitioner tenders
the draft amendment. The same is taken on record and allowed by consent of the
parties.
Digitally
signed by 2. Learned counsel for the parties have today tendered the Consent Terms by
SAIRAJ
SAIRAJ SANJAY
SANJAY KARANDE
KARANDE Date:
2026.10.06
12:43:09
+0530
which they submit that Testamentary Suit has been amicably resolved.
Sairaj
2/2 10 TP-1017-2008.DOC
3. The execution of the Consent Terms is duly supported by the report of the
Section Officer of this Court. In view of the fact that Consent Terms have been
duly executed, the same is taken on record and marked ‘X’ for identification.
4. The captioned Testamentary Suit is accordingly disposed of in terms of
Consent Terms. Needless to state that these Consent Terms shall be binding upon
only the signatories to the Consent Terms and shall not in any manner affect the
right, title and interest of any non-signatory third-party. Furthermore, the same
shall not travel beyond the scope of the present Testamentary Suit.
5. Both Testamentary Suit and Testamentary Petition are disposed of in terms
of the Consent Terms.
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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