Unknown vs Hrtc V. Santisha
2022 Latest Caselaw 8657 HP

HRTC v. Santisha

.

CMP No. 13698 and 13700 of 2022 in FAO No. 326 of 2010

18.10.2022 Present: Ms. Shubh Mahajan, Advocate, for the non-

applicant/appellant.

                          Mr.    Sative   Chauhan,   Advocate, for the
                          applicant/respondent No.4.

                          CMP No. 13698 of 2022

By way of instant application filed under Order 32 Rule 12, prayer has been made by the applicant/respondent No.4 Aman, for discharge of his natural guardian as he has

attained majority. No reply is intended to be filed by the non-

applicant.

Having heard learned counsel for the parties and perused averments contained in the application, which is duly

supported by an affidavit as well as documents annexed therewith, this Court finds that interest of the

applicant/respondent No.4 was earlier being protected by Smt. Santisha-respondent No.1. Since the applicant has attained

majority, he is entitled to prosecute the case in his independent capacity and as such, prayer made on his behalf of discharge of

natural guardian, deserves to be allowed.

Consequently, in view of the above, the application is allowed and Smt. Santisha is discharged from the natural guardianship of the applicant/respondent namely Aman, who is further allowed to prosecute the case in his own independent capacity. Application stands disposed of.

CMP No. 13700 of 2022 By way of instant application filed under Section 151 CPC, prayer has been made by the applicant /respondent No.4 for release of the award amount lying deposited in the Registry of this court. No reply is intended to be filed by the non-applicant/appellant to the instant application.

Learned counsel for the non-applicant/appellant fairly states that appeal bearing FAO No. 326 of 2010 having been filed by the non-applicant/appellant stands finally decided

vide judgment dated 15.11.2010. Since no appeal, whatsoever, has been filed against the aforesaid judgment in the superior

.

court of law by either of the parties, same has attained finality.

Consequently, in view of the above, this court sees no impediment in accepting the prayer having been made by

the applicant for release of award amount lying deposited in the Registry of this Court and accordingly, the application is allowed and Registry is directed to release the award amount in

favour of the applicant, by remitting the same in his saving bank account strictly as per his share, detail whereof is mentioned in para-4 of the application, subject to verification

by the Accounts Branch. Needless to say, Registry while doing

the needful in terms of the instant order shall specifically call upon the applicant to make available his Aadhaar Card to establish his identity. Application stands disposed of.

    18th October, 2022                             (Sandeep Sharma),
    Manjit                                             Judge