In the Court of Civil Judge, Senior Division, Pune

Special Civil Suit No.200 of 2021

Salamat Ardeshir Irani

age 57 years, occ: business,
residing at 1153, Saifee Lane,
Camp, Pune 411 001 …Plaintiff

v/s

1. Yasmin Sheriar Irani

age 53 years, occ: household,
residing at 81, Mahatma Gandhi Road,
Camp, Pune 411 001

2. Roostam Jamshed Irani

age 32 years, occ: service,
residing at Room No.93, 9th Floor,
Aderbad Building, Babulnath,
Hughes Road (N. S. Patkar Marg),
Mumbai 400 007

3. Adi Phiroz Meherji

age 70 years, occ: retired,
residing at 15, East Street,
Khorshed Vills, Pune 411 001

4. Sheriar Ardeshir Irani

age 64 years, occ: business,
residing at 81, Mahatma Gandhi Road,
Camp, Pune 411 001
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5. Meherbanoo Jamshed Irani
age 63 years, occ: service,
residing at Room No.93, 9th Floor,
Aderbad Building, Babulnath,
Hughes Road (N. S. Patkar Marg),
Mumbai 400 007 …Defendants

CONSENT TERMS under Order

23, Rule 3 of the Code of Civil
Procedure, 1908

Joint Compromise Purshis on behalf of the parties to the suit is

as under.

1. Description of the properties:

(a) All that property bearing Survey No.390-1677, volume and

Page of Register 08/17, Class B3, House No.80 admeasuring
2748.50 sq.ft. situate at Mahatma Gandhi Road, Camp, Pune,
within the limits of the Registration District of Pune,
Sub.Registration Taluka Pune City and Cantonment Board
Pune, along with structure approximately admeasuring ___
sq.mt. (_________ sq.ft.) constructed thereon which is also
known as City Bakery and which is bounded by as under:

East … House No.1153A

South … Lane
West … Mahatma Gandhi Road
North … House No.81 M.G.Road

(b) All that property bearing Survey No.390-1679, Volume and

Page of Register 08/19, Class B3, House No.81 admeasuring
4579.18 sq.ft. situate at Mahatma Gandhi Road, Camp, Pune,
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within the limits of the Registration District of Pune,
Sub.Registration Taluka Pune City and Cantonment Board
Pune, alongwith structure approximately admeasuring ___
sq.mt. (__________ sq.ft.) constructed thereon and together
with well and Garage Space and which is bounded by as under:

East … 1153A/Saifee Street

South … House No.80/1153A
West … Mahatma Gandhi Road
North … Dara Toymart/Prime Arcade

(c) All that property bearing Survey No.390-1678, Volume and

Page of Register 08/18, Class B3, House No.1153 admeasuring
1098.55 sq.ft. situate at Saify Street, Camp, Pune, within the
limits of the Registration District of Pune, Sub.Registration
Taluka Pune City and Cantonment Board Pune, along with
structure comprising of Ground floor and first floor
approximately admeasuring ___ sq.mt. (___________ sq.ft.)
constructed thereon and which is bounded by as under:
East … Saifee Street
South … House No.1153A
West … Partly by House No.80/ Partly by Lane
North … Lane

(d) All that property bearing Survey No.390-1678-A, Volume

and Page of Register 15/152, Class B3, House No.1153A
admeasuring 3210.84 sq.ft. situate at Saify Street, Camp, Pune,
within the limits of the Registration District of Pune,
Sub.Registration Taluka Pune City and Cantonment Board
Pune, alongwith four independent adjacent cottages each
approximately admeasuring ___ sq.mt. (______________
sq.ft.) having independent access and common front passage
and two common toilet blocks behind the four cottages
 4
approximately admeasuring ___ sq.mt. (__________ sq.ft.)
constructed thereon and which is bounded by as under:
East … Saifee Street
South … House No.81, M.G.Road
West … House No.80(Part)/House No.81 (Part)
North … House No.1153

(sub-numbers (a) to (d) above, hereinafter collectively and

singularly referred to as the said “Property” and for individual
reference, by their respective “House Number”)

2.
(a) Fixed Deposit of an amount of Rs.6,00,000/- (six lakh only)
and Rs.3,00,000/- (three lakh only) together with interest
accrued thereon deposited in the Bank of India, ___ branch,
Pune in the name of Ardeshir Salamat Irani by two receipts
respectively.

(b) An amount of Rs.7,50,000/- (seven lakh fifty thousand only)

together with interest accrued thereon deposited in the name of
Ardeshir Salamat Irani in the Senior Citizen Saving Scheme
2004 vide 05000SCSS-2249 of Bank of India, ___ branch,
Pune in the account bearing No.SAH050001496.

(c) An amount of Rs.7,50,000/- (seven lakh fifty thousand only)

together with interest accrued thereon deposited in the name of
Ardeshir Salamat Irani in the Senior Citizen Saving Scheme
2004 vide 05000SCSS-2250 of Bank of India, ___ branch,
Pune in the account bearing No.SAH050001496.

(d) Machineries, furniture and fixtures of the City Bakery,

(i) located at House No.80, Mahatma Gandhi Road, Camp,
Pune as follows,
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Sr. Machine Particulars Nos.
1 Planetary Mixers with Two Bowls each and 4
Attachments and One Trolley
2 Dough Kneader 4
3 Bun Divider 1
4 Bread Slicing Machine - Small 1
5 Big Oven + 3 Racks 1
6 Small Oven 2
7 Cooper Gen Set 1
8 Marzipan Mill in 1153-A Premises 1
9 Plastic Sealing Machine 1
10 Sifter and Big Stainless Bowl 1
11 2 Working Samsung Fridges and 2 4
Defunct Fridges
12 3 Stamping Machines for Shrewsbury 3
Ginger and Butter Biscuits
13 4 Tables [One SS Table - Two Iron Tables 4
- One Stone Top Table]
14 2 Wooden Cupboards- 2
15 Siemens Washing Machine 1
16 3 Phase Transformer - Nanap 4
17 4 Rolling Pins [2 Small and 2 Big with 4
Bearings]
18 3 Weighing Scales with Weights - Ounces 3
Pounds and Kilos
19 Paul B Bun Divider
20 One Mixer Grinder 1
21 3 Fire Extinguishers 3
22 Cash Counter with Drawers 1
23 Trays [as Photographed and Counted] Several
also Cake Moulds and Boxes [Small and
Big]
24 One Gas Stove and Two Cylinders 1+2

(ii) located at House No.81, Mahatma Gandhi Road, Camp,

Pune as follows,
Sr. Machine Particulars Nos.
1 Planetary Mixtures 5
2 Dough Kneader 1
3 Dough Sheeter 1
4 Bun Divider 1
5 Bread Slicing Machine 1
 6
6 Oven 1
7 6 Emty Steel Cupboards 6
8 Kirloskar Gen Set 1
9 Potato Peeler 1
10 Masala Grinder 1

(sub-numbers (a) to (d) above, hereinafter collectively referred

to as the said “Movable Properties”, and for individual
reference, by their particulars).

3. The parties are Zoroastrians. The subject matter of this

settlement consists of four properties which are the only
properties devolving upon the Plaintiff and the Defendant No.4.

4. Inter alia the four properties described in para 1 herein above

were owned by Ardeshir Salamat Irani and Motibai Ardeshir
Irani pursuant to the final decree dated 30.07.1999 passed in
Final Decree Application No.7/1998 in Special Civil Suit
No.1990/1995 by the Civil judge Senior Division, Pune.

5.
(a) Ardeshir Salamat Irani however died on 23.02.2020 leaving
behind his duly executed last Will/Testament dated 28.01.2020
registered with Sub-Registrar Haveli No.10 at Serial
No.2018/2020 on the same day.

(b) Motibai Ardeshir Irani; wife of Ardeshir Salamat Irani

predeceased him on 20.08.2017 leaving behind her last
Will/Testament dated 07.11.2011 registered with Sub-Registrar
Haveli No.11 at Serial No.9546/2012 on 15.10.2012 respectively.

(c) The Plaintiff and Defendants admit and confirm the last Wills/
Testaments left behind by Ardeshir Salamat Irani and Motibai
Ardeshir Irani. None of the Defendants has any grievance
 7
pertaining to the said Wills/ Testaments as to their respective
signatures, execution and the contents thereof.

(d) The Defendant No.1; Yasmin Sheriar irani; the wife of the
Defendant No.4 Sheriar Ardeshir Irani was appointed as the
executor of the Will/ Testament left behind by Motibai Ardeshir
Irani, while the Defendant Nos.2; Roostam Jamshed Irani, and
the Defendant No.3; Adi Phiroz Meherji were appointed as the
exeucutors of the Will/ Testament left behind by Ardeshir
Salamat Irani. These executors hereby accorded their respective
consent to this settlement and thus have been discharged from
all their obligations as the executors without demur.

6. The legacy under the above Wills/ Testaments pertaining to the

properties bearing House No.241, 242 and 243 situated at
Mahatma Gandhi Road, Pune has already been given to the
legatee named therein; being their daughter Meherbanoo
Jamshed Irani; the Defendant No.5 herein. She thus, is left with
no right or claim pertaining to the subject matter of this suit.
Being proper party therefore, she has been arrayed as one of the
Defendants. The Defendant No.5 also do hereby accord her
consent for settlement of the controversy between the Plaintiff
and the Defendant No.4 while confirming that the subject
properties herein are the properties owned by them in equal
share.

7.
(a) Thus, the only properties described in clause-1 above remain
the properties devolving upon Plaintiff and the Defendant No.4
in equal share.

(b) The parties hereto confirm that the said Moveable Properties
enumerated in clause-2 (a) to (d) are also the properties
 8
devolving upon or owned by the Plaintiff and the Defendant
No.4 in equal share.

(c) The business of bakery products; manufacturing and sale, being

run in the name and style of ‘CITY BAKERY” is in partnership
of the Plaintiff and the Defendant No.4 having equal share each
in the profit and loss thereof. The said business is also being run
from the said Immoveable Properties.

8. There arose controversies and differences by and between the

Plaintiff and the Defendant No.4 which resulted into lodging of
complaints with police as also filing of present suit by the
Plaintiff.

9. Pursuant however, to the conciliation taken place with the

intervention of common friends, Plaintiff and Defendant No.4
hereto settled the controversies, disputes and differences inter
se in full and final settlement and in full accord and satisfaction
by these consent terms and the final decree following hereto, as
follows:

Immovable Properties:
House No. Particulars of Partition
GLR Survey No.390-1677, The property mentioned across
volume and Page of hereto has been granted in this
Register 08/17, Class B3, partition exclusively to the share
House No.80 admeasuring of the Plaintiff; Salamat Ardeshir
2748.50 sq.ft. situate at Irani as delineated in the map
Mahatma Gandhi Road, attached herewith,
Camp, Pune, within the
limits of the Registration
District of Pune,
Sub.Registration Taluka
 9
Pune City and Cantonment
Board Pune, along with
structure approximately
admeasuring ___ sq.mt.
(_________ sq.ft.)
constructed thereon which
is also known as “City
Bakery”
GLR Survey No.390-1679, The property mentioned across
Volume and Page of hereto has been granted in this
Register 08/19, Class B3, partition exclusively to the share
House No.81 admeasuring of the Defendant No.4, Sheriar
4579.18 sq.ft. situate at Ardeshir Irani, as delineated in
Mahatma Gandhi Road, the map attached herewith.
Camp, Pune, within the
limits of the Registration
District of Pune,
Sub.Registration Taluka
Pune City and Cantonment
Board Pune, alongwith
structure approximately
admeasuring ___ sq.mt.
(__________ sq.ft.)
constructed thereon and
together with well and
Garage Space
GLR Survey No.390-1678, The property mentioned across
Volume and Page of hereto, has been given to the
Register 08/18, Class B3, exclusive share of the Plaintiff,
House No.1153 Salamat Ardeshir Irani, as
admeasuring 1098.55 sq.ft. delineated in the Map attached
situate at Saify Street, herewith.
Camp, Pune, within the
 10
limits of the Registration
District of Pune,
Sub.Registration Taluka
Pune City and Cantonment
Board Pune, along with
structure comprising of
Ground floor and first floor
approximately
admeasuring ___ sq.mt.
(___________ sq.ft.)
constructed thereon
GLR Survey No.390-1678- There shall be east west
A, Volume and Page of vertical division of the property
Register 15/152, Class B3, mentioned across hereto, which
House No.1153A is already presently demarcated
admeasuring 3210.84 sq.ft. by a Dividing Wall, as shown and
situate at Saify Street, delineated in the map attached
Camp, Pune, within the herewith.
limits of the Registration
District of Pune, Accordingly, the 2 (two)
Sub.Registration Taluka independent cottages lying on
Pune City and Cantonment south Side of the Demarcating
Board Pune, alongwith four Wall, have been granted to the
independent adjacent exclusive share of the Plaintiff,
cottages each viz. Mr. Salamat Ardeshir Irani,
approximately admeasuring along with the Two Toilet Blocks
___ sq.mt. and the Open Area between 80,
(______________ sq.ft.) M.G. Road and 1153-A, Saifee
having independent access Street, while the 2 (two)
and common front passage Independent Cottages on north
and two common toilet side of the Demarcating Wall,
blocks behind the four along with open area between 2
cottages approximately cottage and Saifee Street have
 11
admeasuring ___ sq.mt. been granted to the exclusive
(__________ sq.ft.) share of the Defendant No.4 viz.
constructed thereon Mr. Sheriar Ardeshir Irani.

Movable Properties:
FD/Account. Particulars of Partition
Fixed Deposit of an The amount mentioned across
amount of Rs.6,00,000/- hereto has been given to the
(rupees six lakh only) and share of the Defendant No.4. He
Rs.3,00,000/- (rupees shall be entitled to collect it from
three lakh only) together the said Bank together with
with interest accrued interest accrued thereon, if any,
thereon deposited in the in consideration of
Bank of India, ___ branch, relinquishment of right
Pune in the name of mentioned herein.
Ardeshir Salamat Irani by The Plaintiff shall execute such
two receipts respectively document as may be found
required in that behalf at the
cost and expenses of the
Defendant No.4.
An amount of The amount mentioned across
Rs.7,50,000/- (seven lakh hereto has been given to the
fifty thousand only) share of the Defendant No.4. He
together with interest shall be entitled to collect it from
accrued thereon deposited the said Bank together with
in the name of Ardeshir interest accrued thereon, if any,
Salamat Irani in the Senior in consideration of
Citizen Saving Scheme relinquishment of right
2004 vide 05000SCSS- mentioned herein.
2249 of Bank of India, ___ The Plaintiff shall execute such
branch, Pune in the account document as may be found
bearing No.SAH050001496 required in that behalf at the
cost and expenses of the
 12
Defendant No.4.
An amount of The amount mentioned across
Rs.7,50,000/- (seven lakh hereto has been given to the
fifty thousand only) share of the Defendant No.4. He
together with interest shall be entitled to collect it from
accrued thereon deposited the said Bank together with
in the name of Ardeshir interest accrued thereon, if any
Salamat Irani in the Senior in consideration of
Citizen Saving Scheme relinquishment of right
2004 vide 05000SCSS- mentioned herein.
2250 of Bank of India, ___ The Plaintiff shall execute such
branch, Pune in the account document as may be found
bearing No.SAH050001496 required in that behalf at the
cost and expenses of the
Defendant No.4.
Machineries, furniture The machinery mentioned across
and fixtures of the City hereto has been given to the
Bakery lying in House Plaintiff. The Plaintiff has
No.80 as particularly accepted them in full accord and
described in clause 2 (d) (i) satisfaction, and in full and final
above settlement.

Machineries, furniture The machinery mentioned across

and fixtures of the City hereto has been given to the
Bakery lying in House Defendant No.4. The Defendant
No.81 as particularly No.4 has accepted them in full
described in clause 2 (d) (ii) accord and satisfaction, and in
above full and final settlement.

10.
(a) The Plaintiff and the Defendant No.4 have dissolved their
partnership firm and its business known as “City Bakery”.
 13

(b) All necessary documents for this dissolution, if found required

by law, shall be executed by the Plaintiff and the Defendant
No.4. after settling all Taxes, G.S.T., Tax Consultant Bills,
Income Tax and Taxes of Shop Premises.

(c) The Plaintiff and the Defendant No.4 confirms that there are no
dues payable by either to the other as and towards and for the
dissolved firm and all their respective claims pertaining thereto
stands fully and finally settled.

(d) The Plaintiff and the Defendant No.4 shall be entitled to

separately continue with the bakery products manufacturing,
sale and trade independent of each other.

(e) In consideration of surrender of the Fixed Deposits mentioned

in Para 9 above by the Plaintiff viz. Mr. Salamat Ardeshir Irani,
the copyrights and/or trade name of the business "City Bakery"
have been granted to the Exclusive Share of the Plaintiff and the
Defendant No.4 shall not use the word "City" or any other
similar sounding name or wording, in any permutation and
combination, in any of his business/es, in any manner. In the
event of any breach of this Clause, the Plaintiff will be entitled
to initiate civil, and criminal proceedings against the Defendant
No. 4 or any persons claiming under or through him or
conducting business with him

(f) There is a well located on east south of and in House No. 81.
The Plaintiff Salamat Ardeshir Irani shall be entitled to avail
water from the said Well by laying separate pipeline from
House No.1553 through Compound wall on Saifee Street to
south side compound wall of House No.81 and directly fitted
the well and water pump kept in the House No.1153 or House
 14
No.80. The Defendant No.4 shall not obstruct this right of the
Plaintiff and his family members or any authorized person
claiming through or under them in this regard. The right to
claim water from the Well shall be an Easementary Right in
Perpetuity, attaching to the Properties bearing House No. 1153,
Saifee Street, the House No. 1153-A, Saifee Street and House
No. 80, M. G. Road, Pune. Any repairs regarding pipeline
installed in the well will be at the exclusive cost and expenses of
the Plaintiff. The Plaintiff shall have a right to access the Well
Premises for this purpose, by issuing advance written notice to
the Defendant No. 4 and in such eventuality, the Defendant No.
4 or his Legal Heirs or any one claiming through or under him,
shall not obstruct the Plaintiff, in any manner for the said
purpose, for any reason whatsoever.

(g) The Plaintiff and the Defendant No. 4 shall equally pay and
shall be responsible to pay the GST and/or Income Tax and/or
Chartered Accountants Fees of the Firm called “City Bakery”,
till the date of dissolution and till the execution of the Deed of
Dissolution and registration of the same with the Registrar of
Firms.

11. The Plaintiff and the Defendant No.4 at their own cost and
expenses in equal share shall construct a wall between the
properties came to their respective share as above.

12. The Plaintiff shall remove his Cooper make genset from
property bearing House No.1153A which is granted to the Share
of Defendant No.4 to the property granted to the share of the
Plaintiff.

13. The Plaintiff shall also remove his car from the Garage in House
No.81 to the property granted to the share of the Plaintiff.
 15

14. The Plaintiff and Defendant No.4 shall be entitled to construct

on the properties and/or repair the structures standing on the
properties granted to their exclusive share in this consent terms
at their own expenses and without obstruction from each other.

15. The cess and/or taxes of the immoveable properties described

clause-1 (a) to (d) above accrued till 31.0.3.2022 shall be borne
by the Plaintiff and the Defendant No.4 as per their share in the
partnership firm.

16. The Plaintiff undertakes to withdraw all complaints including

FIR No.60/2022 made against the Defendant No.4 and his
family member filed with police and/or courts, and the Plaintiff
shall be deemed to have withdrawn such complaints on
execution and registration of these consent terms.

17. The Defendant No.5 being the sister of the Plaintiff and
Defendant No.4, expressed her desire that in view of
Will/Testament dated 28.01.2020 and 07.11.2011 executed by
her father and mother respectively, she is not interested in any
share in the properties being partitioned herein above, as she
and her interest is being taken care of by her father and mother.
The Defendant No.5 therefore, released and relinquished all her
rights and claims relating to the subject properties or any such
property, in full and final settlement, and in full and final
accord and satisfaction. The Plaintiff undertakes to withdraw all
the objection raised to the probate proceeding filed by
Defendant No.5 in Mumbai and shall give consent to the
probate.

18. Except otherwise provided herein, all claims, contentions and

allegations made by the parties hereto against each other in
 16
their respective pleadings in the suit, relating to the subject
matter of the suit or otherwise, are hereby waived, abandoned
and relinquished.

19. Subject to otherwise provided herein, the parties hereto confirm

that,

(i) all disputes and claims pertaining to the subject matter of the
suit or otherwise, against each other, have been fully and finally
settled,

(ii) none of the parties has any claim against the other, nor owes
any money to the other,

(iii) all the House properties and amount of the parties hereto, stand
fully and finally partitioned in terms of these consent terms, as
per Dividing Wall and shown in the Map attached herewith.

(iv) this shall be an executable decree,

(v) if found required by provisions of law, the Plaintiff and/or the

Defendant No.4 at their own cost and expenses and
Registration Fee in equal share, are bound to cause registration
of the decree passed on the basis of these consent terms.

The final decree in terms hereof be passed.

Court fee refund, as per the Rules, be granted to the Plaintiff.

Pune,
August ___, 2022

Salamat Ardeshir Irani

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Plaintiff
Yasmin Sheriar Irani
Defendant No.1
Roostam Jamshed Irani
Defendant No.2
Adi Phiroz Meherji
Defendant No.3
Sheriar Ardeshir Irani
Defendant No.4
Meherbanoo Jamshed Irani
Defendant No.5