4.2021 Present: Mr. Abhishek ... vs Rule 12 Cpc
2021 Latest Caselaw 2537 HP

CMP No. 3640 of 2021 in FAO No.1 of 2015

.

01.4.2021 Present: Mr. Abhishek Verma, Advocate for the applicants/respondents.

Mr. Jagdish Thakur, Advocate for the non- applicant/appellant.

                         CMP No.3640 of 2021



            Rule    12   CPC,
                         r      prayerto

By way of instant application filed under Order 32

has been made on behalf of

applicant/respondent No.3 for the discharge of his natural

guardian Sh. Ram Singh and permit him to prosecute the case

at hand in his independent capacity as he has attained

majority.

2. Learned counsel representing the non-applicant/

appellant states that he does not intend to file any reply to the

application and has no objection in case the prayer made in the

application is allowed.

3. Averments contained in the application, which is

duly supported by an affidavit as well as document annexed

therewith, clearly suggests that aforesaid applicant/respondent

No.3 has attained majority and as such, he is entitled to

prosecute the case in his independent capacity.

4. Consequently, in view of the above, the present

application is allowed and applicant/respondent No.3 is

permitted to prosecute the case in his independent capacity

and natural guardian namely Sh. Ram Singh, is discharged

.

from his natural guardianship. The application stands

disposed of.

CMP No.3636 of 2021

By way of instant application filed under Section

151 of the Code of Civil Procedure, prayer has been made on

behalf of applicant/respondent No.3, Neeraj for release of

the award amount lying deposited in the Registry of this

Court.

Learned counsel representing the non-applicant/

appellant fairly states that since appeal bearing FAO No.1

of 2015 having been filed by non-applicant/appellant has

been dismissed as withdrawn vide judgment dated 22nd

December, 2020, prayer made in the instant application can

be accepted.

Having carefully perused the averments contained

in the application, this Court finds that appeal bearing FAO

No.1 of 2015, having been filed by the non-

applicant/appellant, stands dismissed as withdrawn vide

judgment dated 22nd December 2020 and as such, there

appears to be no impediment in accepting the prayer made

in the application.

Consequently, in view of the above, the present

application is allowed and Registry is directed to release the

award amount alongwith up-to-date interest in favour of

.

applicant/respondent No.3, strictly as per his share, by

remitting the same in his saving bank account, details

whereof are given in Annexure A-1 annexed with the

application, subject to the verification by the Accounts

Branch. The Application stands disposed of.

              r          to             (Sandeep Sharma),
                                                     Judge

      April 01, 2021
        (shankar)