Himachal Pradesh High Court

CIVIL APPEAL 364 of 2005 on 20 December 1987

RFA No.364 of 2005

17.06.2020Present:Mr. Naveen Kumar Bhardwaj, Advocate, for theapplicants/ respondent. (through Video Conferencing)

CMP No.2872 of 2020

By way of this application filed under Order 32,Rule 12 read with Section 151 of the Code of Civil Procedure,applicants/respondents No.4 and 5 have prayed that as theyattained the age of majority, in these circumstances, nextfriend of the applicants, who was pursuing the case on theirbehalf, in her capacity as mother and natural guardian, bedischarged and applicants/respondents No.4 and 5 bepermitted to pursue the case in their own capacity. Insupport of the prayer made in the application, copy ofmatriculation certificate of the applicants/respondents No.4and 5 (Roshan Lal and Asha Devi), have been annexed, aperusal of which shows that date of birth of the applicantRoshan Lal is 20.12.1987 and date of birth of applicant AshaDevi is 15.03.1986 and they have attained the age ofmajority.

No reply to the application is intended to be filedby the applicants/respondents No.4 and 5.

Afterhearinglearnedcounselforapplicants/respondents No.4 and 5, the application is allowed and mother of applicants/respondents No.4 and 5 isdischarged as guardian of applicants/respondents No.4 and 5and they are permitted to pursue their case in their owncapacity. The application stands disposed of.

CMP No.2876 of 2020

According to learned counsel for applicants, thejudgment has attained finality. As such, application isallowed and the balance compensation amount falling to theshare of applicants, alongwith up-to-date interest, is directedto be released in their favour in accordance with theirrespective shares. The amount be remitted directly into thebank account as per particulars annexed with theapplication. Application stands disposed of.

(Ajay Mohan Goel)

Judge

June 17, 2020

(Rishi)

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