Unknown vs Uic V. Sudarshana Devi
2023 Latest Caselaw 10604 HP

UIC v. Sudarshana Devi

.

CMP No. 9402 and 9403 of 2023 in

FAO No. 522 of 2017

31.7.2023 Present: Mr. Abhinav Thakur, proxy counsel, for the

petitioner.

Mr. Shivam Sharma, proxy counsel, for respondent No.2/applicant.

CMP No. 9403 of 2023

By way of instant application, prayer has been made by the applicant/respondent No.2 Lakshit, 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.2 was earlier being protected by Smt.

Sudarshana Devi-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 her behalf of discharge of natural guardian, deserves to be allowed.

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

CMP No. 9402 of 2023 By way of instant application, prayer has been made by the applicant /respondent No.2 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. 522 of 2017 having been filed by the non-applicant/appellant stands finally decided vide judgment dated 19.3.2018. 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 her share, detail whereof is mentioned in Annexure A-1 annexed with the application, subject to verification by the Accounts Branch. Application

stands disposed of.

    July 31, 2023                               (Sandeep Sharma),
    manjit                                            Judge