Poonam And Another vs Pawan Kumar And Others ...
2023 Latest Caselaw 15762 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMP No.13332 of 2023 in FAO No.145 of 2004 Reserved on: 28.09.2023

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Date of Decision: 09.10.2023

Poonam and another ....applicant/Appellant

Versus Pawan Kumar and others ...non-applicants/Respondents.

Coram

Hon'ble Mr. Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No For applicant/appellant : Mr. Kulbhushan r Khajuria, Advocate.

For non-applicant/ Respondent : Ms. Heena Chauhan, Advocate.

Rakesh Kainthla, Judge

CMP No.13332 of 2023 in FAO No.145 of 2004

The present application has been filed for release of

the balance amount as per the award pronounced by this Court.

It has been asserted that the marriage of the applicant has been

fixed on 19.10.2023. The marriage is being solemnized by the

grandparents of the applicant, as the applicant has lost her

parents in the accident. The applicant requires money for the

solemnization of her marriage. Hence, the application.

Whether reporters of Local Papers may be allowed to see the judgment? Yes

2. No reply to the application was filed.

3. It appears that the name of the applicant has been

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mentioned as Pooja, Daughter of Shamsher Singh; however, the

application has been filed by Alka Devi. The document in support

of the application also mentions her name as Alka Devi. The

Registry has also raised an objection that the name of the

applicant was not mentioned in the memo of parties and the

application at her instance is not maintainable. However, a

perusal of the record shows that this Court had passed an order

on 24.04.2017 that Alka Devi and Pooja Devi are the names of the

same persons. 50% of the amount was ordered to be released to

the applicant. This order will constitute res judicata during the

subsequent proceedings and it is not permissible to go behind

the same. Hence, the objection raised by the Registry that the

application at the instance of the applicant is not maintainable

is not accepted.

4. Since it has already been held that Alka Devi and

Pooja are the same persons and the applicant-Alka Devi requires

money for the solemnization of her marriage; therefore, the

present application is allowed and the amount is ordered to be

released in favour of the applicant by remitting the same to her

savings bank account as per the details mentioned in Annexure-

A2 of the application, subject to verification of documents

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expeditiously preferably within 3-4 days keeping in view that

marriage is fixed on 19.10.2023. The present application stands

disposed of.

                      r       to          (Rakesh Kainthla)
                                                  Judge

    09, October, 2023
      (saurav pathania)