Himachal Pradesh High Court

CIVIL APPEAL 465 of 2002 on 30 December 2022

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30.12.2022

HRTC v. Sumitra Devi

FAO No. 465 of 2002 Present Mr. Vir Bahadur Verma, Advocate, Advocate, for the appellant.

Mr. Ashutosh Sharma, Advocate, for the respondents.

CMP No. 18076 of 2022

By way of instant application filed under Order XXXII, rule 12 CPC, prayer has been made on behalf of respondent Nos. 2 and 3 namely Anil Kumar and Sunil Kumar, for discharge of their natural guardian, respondent No.1 Sumitra Devi and permit them to pursue the lis in their own and impendent capacity, as they have attained the age of majority. No reply is intended to be filed on behalf of the non-applicant/appellant.

Averments contained in the application, which is duly supported by an affidavit reveals that respondents Nos. 2 and 3 Anil Kumar and Sunil Kumar have attained majority, as such, they are entitled to pursue the lis in their independent capacity.

In view of above, present application is allowed. Natural guardian of respondents Nos. 2 and 3, i.e. respondent No. 1 Sumitra Devi is discharged of the guardianship of the aforesaid respondents, who in turn are permitted to pursue the lis in their own capacity. Application stands disposed of.

CMP No. 18079 of 2022

By way of instant application, prayer has been made on behalf of respondents Nos. 1 to 3 and 5 for release of award amount lying deposited in the Registry of this Court. No reply is intended to be filed on behalf of the appellant. Learned counsel for the non-applicant/appellant fairly states that FAO No. 465 of 2002 having been filed by non-applicant/appellant, stands finally decided vide judgment dated 29.2.2012. Since none of the parties to the lis has laid challenge to the judgment in superior court of law, as such, same has attained finality..

In view of the fair stand adopted by learned counsel for the non-applicant/appellant, there appears to be no impediment in accepting the prayer made in the instant application and the same is allowed. Registry is directed to release award amount falling to share of respondents nos. 1 to 3 and 5 by remitting the same into the savings bank account(s) of the applicant(s), details whereof are given in para-4 of the application, subject to verification by the Accounts Branch. Needless to say, remaining amount shall be invested in the FDR(s), till further orders. Application stands disposed of.

December 30, 2022 (vikrant)

(Sandeep Sharma) Judge

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