FAO/18/2007
2021 Latest Caselaw 420 HP

FAO No.18 of 2007

07.01.2021 Present: Mr. P.M. Negi, Advocate, vice Mr. D.S.

.

Nainta, Advocate, for applicant/ respondent

No.3 in CMPs No.145 and 146 of 2021 and for applicant/ respondent No.2 in CMPs No.148 and 149 of 2021.

(Through Video Conferencing)

CMP No.145 of 2021

By way of this application filed under Order

32, Rule 12 read with Section 151 of the Code of Civil

Procedure, applicant/respondent No.3 has prayed that

as she has attained the age of majority, in these

circumstances, next friend of the applicant, who was

pursuing the case on her behalf, in her capacity as

mother and natural guardian, be discharged and

applicant/respondent No.3 be permitted to pursue the

case in her own capacity. In support of the prayer

made in the application, copy of School Certificate of

the applicant has been annexed, a perusal of which

shows that she has attained the age of majority.

No reply to the application is intended to be

filed by the non-applicants.

After hearing learned counsel for applicant/

respondent No.3, this application is allowed and

mother of applicant/ respondent No.3 is discharged

as guardian of applicant/respondent No.3 and she is

.

permitted to pursue her case in her own capacity. The

application stands disposed of.

CMP No.146 of 2021

This is an application, under Section 151 of

the Civil Procedure Code, filed by

applicant/respondent No.3, for release of amount.

According to learned counsel for applicant,

the judgment has attained finality. As such,

application is allowed and balance amount falling to

the share of applicant, alongwith up-to-date interest,

is directed to be released in her favour. The amount be

remitted directly into the bank account as per

particulars annexed with the application. Application

stands disposed of.

CMP No.148 of 2021

By way of this application filed under Order

32, Rule 12 read with Section 151 of the Code of Civil

Procedure, applicant/respondent No.2 has prayed that

as he has attained the age of majority, in these

circumstances, next friend of the applicant, who was

pursuing the case on his behalf, in her capacity as

mother and natural guardian, be discharged and

.

applicant/respondent No.2 be permitted to pursue the

case in his own capacity. In support of the prayer

made in the application, copy of School Leaving

Certificate of the applicant has been annexed, a

perusal of which shows that he has attained the age of

majority. r No reply to the application is intended to be

filed by the non-applicants.

After hearing learned counsel for applicant/

respondent No.2, this application is allowed and

mother of applicant/ respondent No.2 is discharged

as guardian of applicant/respondent No.2 and he is

permitted to pursue his case in his own capacity. The

application stands disposed of.

CMP No.146 of 2021

This is an application, under Section 151 of

the Civil Procedure Code, filed by applicant/

respondent No.2, for release of amount.

According to learned counsel for applicant,

the judgment has attained finality. As such,

application is allowed and balance amount falling to

the share of applicant, alongwith up-to-date interest,

.

is directed to be released in his favour. The amount be

remitted directly into the bank account as per

particulars annexed with the application. Application

stands disposed of.

    January 07, 2021
                           to       (Ajay Mohan Goel)
                                        Judge

      (Rishi)