Naresh Kumar vs Kushma Kumari & Ors.
2022 Latest Caselaw 6546 HP

Naresh Kumar vs Kushma Kumari & ors.

.

CMP Nos. 9782 and 9783 of 2022 in FAO No. 522 of 2009.

01.08.2022 Present: Mr. Ishan Sharma, Advocate, for the Non-

applicant/appellant.

Mr. Vinod Kumar Thakur, Advocate, for the applicant/respondent No.2.

CMP No. 9783 of 2022

By way of instant application filed under Order 32 Rule 12

CPC, prayer has been made on behalf of applicant/respondent No.2

Ankita Rani to discharge her natural guardian, i.e., her mother Smt.

Kushma Kumari, respondent No.1, from her guardianship, as she has

attained majority.

No reply is intended to be filed on behalf of non-

applicant/appellant to the instant application.

Averments contained in the application, which is duly

supported by an affidavit as well as as documents annexed therewith,

clearly reveals that respondent No.2, Ankita Rani, has attained majority

and as such, she is entitled to prosecute the case at hand, in her own

independent capacity.

Consequently, in view of the above, the present application

is allowed and respondent No.1, Smt. Kushma Kumari, is discharged

from the guardianship of aforesaid respondent No. 2, Ankita Rani, who is

further held entitled to prosecute the case at hand in her own

independent capacity. Application stands disposed of.

CMP No. 9782 of 2022

By way of instant application filed under Section 151 CPC,

prayer has been made on behalf of applicant/respondent No.2, Ankita

Rani for release of award amount lying deposited in the Registry of this

.

Court.

No reply is intended to be filed by the non-applicant/appellant.

Having perused the averments contained in the application,

which is duly supported by an affidavit, this Court finds that appeal bearing

FAO (MVA) NO. 522/2009, having been filed by the non-applicant/appellant

stands already decided vide judgment dated 11.12.2015, passed by this

Court. Since, no appeal whatsoever has been filed against the aforesaid

judgment 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

instant application

Consequently, in view of the above, present application is

allowed and Registry is directed to release the award amount with up-to-

date interest falling in the share of the applicant/respondent No.2, Ankita

Rani, by remitting the same in her saving bank account, detail whereof is

given in para-4 of the application, subject to the verification by the

Accounts Branch.

Application stands disposed of.

(Sandeep Sharma) Judge 1st August, 2022 (reena)