Himachal Pradesh High Court

CIVIL APPEAL 157 of 2005 on 1 October 2000

FAO No.157 of 2005

14.8.2019Present:Ms. Ruma Kaushik, Advocate, for the applicant/respondent No.4.

CMP No.7309 of 2019

By way of this application filed under Order 32,Rule 12 read with Section 151 of the Code of Civil Procedure,applicant/respondent No.4 has prayed that as she hasattained the age of majority, in these circumstances, nextfriend of the applicant, who was pursuing the case on herbehalf, in her capacity as mother and natural guardian, bedischarged and applicant/respondent No.4 be permitted topursue the case in her own capacity. In support of the prayermade in the application, copy of matriculation certificate ofthe applicant/respondent No.4 namely Anjana, has beenannexed, a perusal of which shows that date of birth of theapplicant Anjana is 01.10.2000 and she has attained the ageof majority on 30.09.2018.

No reply to the application is intended to be filedby the applicant/respondent No.4.

Afterhearinglearnedcounselforapplicant/respondent No.4, the application is allowed andmother of applicant/respondent No.4 is discharged asguardian of applicant/respondent No.4 and she is permitted to pursue her case in her own capacity. The applicationstands disposed of.

CMP No.7310 of 2019

Accordingtolearnedcounselforapplicant/respondent No.4, the judgment has attainedfinality. As such, application is allowed and amount fallingto the share of applicant/respondent No.4, alongwith up-to-date interest, is directed to be released in her favour. Theamount be remitted directly into the bank account as perparticularsmentionedintheapplication.Ifapplicant/respondent No.4 has already not disclosed, sheshall file an affidavit, disclosing the entire share-holdingsand the proportionate share to which she is entitled to. Uponfurnishing of such affidavit, entire amount falling to theshare of applicant/respondent No.4 is directed to be releasedin her favour. Application stands disposed of.

(Ajay Mohan Goel)

Judge

14[th] August, 2019 (Rishi) (Rishi)

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