CMP/501/2021
2021 Latest Caselaw 498 HP

CMP No.490 of 2021 in FAO No.532 of 2008

.

8.01.2021 Present: Mr. T.S.Chauhan, Advocate, for applicant/respondent

No.4.

Mr. Ishan Sharma, Advocate, for the non- appliant/appellant.

Through Video Conferencing

By way of instant application filed under Order 32 Rule

12 CPC, prayer has been made on behalf of applicant/respondent

No.4 for the r discharge of his natural guardian i.e non-

applicant/respondent No.1, Smt. Tripti Devi 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 as well as

document placed therewith, clearly suggests that aforesaid

applicant/respondent No.4 has attained majority and as such, he is

entitled to prosecute the case in his independent capacity.

4. Accordingly, for the reasons stated in the application,

which is duly supported by an affidavit, applicant/respondents No.1,

namely, Smt. Tripti Devi, is discharged from natural guardianship

and applicant/respondent No.4, who is allowed to prosecute the case

in his independent capacity. The application stands disposed of.

CMP No.501 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.4, Abhishek Abrol for release of the

award amount lying deposited in the Registry of this Court.

Learned counsel representing the non-applicant/

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

application and shall have no objection in case the prayer made

in the application is allowed.

rHaving heard learned counsel representing the parties

and perused the averments contained in the application, which is

duly supported by an affidavit, this Court finds that appeal

bearing FAO No.532 of 2008, having been filed by the non-

applicant/appellant stands finally decided by this Court vide

judgment dated 31.7.2015 and since aforesaid judgment has not

been laid challenge by either of the parties in the superior Court

of law, same has attained finality and as such, this Court sees 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 falling in the share

of applicant/respondent No.4, by remitting the same in his

saving bank account, details whereof are given in para-4 of the

application, subject to the verification by the Accounts Branch.

The Application stands disposed of.

(Sandeep Sharma), Judge January 08, 2021 (shankar)