KAMAL DAUJEE TAPARIA v. Queenie Mary Melville Miranda alias Queenie Miranda alias Queeinie Mary Melville Miranda
IA/4406/2025 · 2026-08-31
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4094 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4094 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1/3 502-IA-4406-2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 4406 OF 2025 WITH INTERIM APPLICATION NO. 1743 OF 2025 IN TESTAMENTARY PETITION NO. 4308 OF 2024 Kamal Daujee Taparia ...Applicant Queenie Mary Melville Miranda alias Queenie Miranda alias Queeinie Mary Melville Miranda alias Queenie Mary Miranda alias Miranda Queenie alias Miranda Queenie Mary alias Queenie Melville Miranda w/o. Late Melville Miranda ...Deceased Kamal Daujee Taparia ...Petitioner Versus Lorraine Luke Rebello & Ors. ...Respondents _______ Mr. Anil D'souza a/w Mr. Bhavin Gada i/b Achala Hatode and Mr. Ajit Hodage, for the Applicant. Mr. Sheroy M. Bodhanwalla a/w Mr. Akash Singh, Mr. Shreyas Thakur i/b M. S. Bodhanwalla & Co., for Respondent Nos.1 to 4 in IA/4406/2025 and for Respondent Nos.1 to 3 in IA/1743/2025. _______
CORAM : ARIF S. DOCTOR, J.
DATE : 31 st AUGUST, 2026 P.C.
1. Not on board. Taken on production board since the Co-ordinate Bench is not available today and in view of the urgency expressed by the parties that one Vaibhav VAIBHAV NAMDEV BARE Digitally signed by VAIBHAV NAMDEV BARE Date: 2026.09.02 10:22:28 +0530
2/3 502-IA-4406-2025.DOC of the parties is travelling out of Mumbai today, being a resident of Hyderabad. It is for this reasons that the matter was taken up.
2. This Court, by an order dated 16 th December 2025, appointed the Hon'ble Justice S. J. Kathawalla (Former Judge of the Bombay High Court) to act as a Mediator in the captioned Testamentary Petition.
3.
Learned counsel for the parties has today tendered (i) a Mediation Report and (ii) Minutes of Consent Terms.
4. A perusal of the Mediation Report records that the parties have arrived at an amicable resolution of their disputes and differences and have executed Minutes of Consent Terms in the presence of the learned Mediator. Clause (7)(a) of the Minutes of Consent Terms read thus:
"a) Save and except the amount that have been retained by Respondent No. 1 and 2 as part of their share of inheritance which is more particularly recorded in the settlement agreement executed between the parties, all monies, balances, shares, securities, investments, dividends, interest, accretions, bonus shares, rights entitlements and benefits arising from the estate of the Deceased and presently standing in the names and/or control of Respondents shall be transferred and/or restored to the Petitioner within the aforesaid period of 2 (two) weeks from execution hereof. For the aforesaid purpose the Petitioner shall be entitled to open the Estate DEMAT and/or Bank Account of the Estate of the Deceased."
5. Given the fact that the Minutes of Consent Terms have been duly executed between the parties before the learned Mediator, the same are marked as "X" for identification and taken on record.
6. The undertakings given in the Minutes of Consent Terms are accepted as undertakings given to the Court. Vaibhav
3/3 502-IA-4406-2025.DOC
7. In light of this, nothing further survives in the captioned Testamentary Petition and the same is accordingly disposed of.
8. All interlocutory applications shall stand disposed of.
[ARIF S. DOCTOR, J.] Vaibhav