LAWS(SC)-2015-9-113

DILLIP J. GIYANANI Vs. STATE OF MAHARASHTRA

Decided On September 07, 2015
Dillip J. Giyanani Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) LEAVE granted. This Court on 27.07.2015 had passed the following order :

(2.) THE Petitioner, Respondent No. 3 and the Respondent No. 5 to 7 are siblings and are the legal heirs of Late Shri Jamnadas Pahilajrai Giyanani who died on June 6, 2008. The Respondent No. 8 is the wife and Respondent No. 9 and 10 are the daughters of Respondent No. 3 and 8 whereas the Respondent No. 11 is the wife and Respondent No. 12 is the son of the Petitioner and Respondent No. 11. The aforesaid persons are hereinafter collectively referred to as 'the parties'. The Respondent No. 1, 2 are parties to the proceedings before this Hon'ble Court but are only proforma parties for the purpose of these Consent Terms having no right, title and/or interest of any nature whatsoever in respect of the subject matter of present settlement arrived at between the parties and agree to be bound and/or in no manner dispute any of the terms of the settlement.

(3.) THE parties have agreed and undertaken to amicably resolve all their disputes and distribute amongst themselves all assets forming part of the personal estate of Late Mr. Jamnadas Pahilajrai Giyanani (hereinafter referred to as ’JPG') the H.U.F of JPG viz. Jamnadas Pahilajrai Giyanani H.U.F and JPG's undivided share in Pahilajrai Khimandas HUF;(hereinafter the said entire assets of JPG, JPG HUF and JPG's undivided share in Pahilajrai Khimandas HUF is collectively referred to as 'the estate of JPG') as per the understanding more particularly recorded in these Consent Terms. The parties have also agreed and undertaken to amicably resolve all their disputes. as regards their respective right, title and interest over some personal assets owned by the parties and distribute the same amongst themselves as more particularly recorded in these Consent Terms.