Himachal Pradesh High Court
Pardeep Kumar vs . Chetna Verma & Anr. on 23 June, 2023
Author: Sandeep Sharma
Bench: Sandeep Sharma
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Pardeep Kumar vs. Chetna Verma & Anr.
CMP Nos.7489 & 6277 of 2023 in CMPMO No.364 of 2012 23.06.2023 Present: Mr. Sanjeev Bhushan, Senior Advocate with Ms. Abhilasha, Advocate, for the non-
applicant/petitioner.
Mr. Ajay Vaidya, Advocate, for the
applicants/respondents.
CMP No.7489 of 2023
By way of instant application filed under Order32 rule 12 CPC, prayer has been made on behalf of applicant/respondent No.2 namely Noddy alias Kiriten, for discharge of his natural guardian, i.e. his mother respondent No.1, Smt. Chetna Verma, as he has attained majority.
No reply is intended to be filed to the application by the non-applicant/petitioner.
Careful perusal of averments contained in the application, which is duly supported by an affidavit as well as matriculation certificate annexed with the same, this Court finds that applicant/respondent No.2 namely Noddy alias Kiriten,has attained majority and as such, he is entitled to prosecute the case at hand in his own independent capacity.
Consequently, in view of the above, the present application is allowed and applicant/respondent No.1 Smt. Chetna Verma, is discharged from the guardianship of applicant/respondent No.2 namely Noddy alias Kiriten, who is further held entitled to prosecute the case at hand in his own independent capacity.
Application stands disposed of.
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CMP No. 6277 of 2023 By way of instant application filed under Section 151 CPC, prayer has been made on behalf of applicant/respondent No.2, for release of award amount in his favour, lying deposited in the Registry of this Court.
No reply is intended to be filed to the application by non-applicant/petitioner.
Careful perusal of the record reveals that CMPMO bearing No. 364 of 2012, having been filed by the non- applicant/petitioner stands finally decided vide judgment dated 24.04.2015. Since, no appeal whatsoever has been filed against the aforesaid judgment in the superior court of law, same has attained finality. During the pendency of the aforesaid case non-applicant/petitioner had deposited the maintenance amount in the Registry of this Court, which is now sought to be released in favour of the applicant/respondent No.2 in the instant application.
Record reveals that vide order dated 06.10.2015, amount falling in the share of applicant/respondent No.1 Chetna Verma was ordered to be released, whereas, taking into account minority of applicant/respondent No.2 Noddy alias Kritey, amount falling in his share,was ordered to be invested in a FDR. Since, applicant/respondent No.2 Noddy alias Kritey, has now attained majority, he has prayed for release of award amount falling to his share.
Consequently, in view of the above, present application is allowed and Registry is directed to release the ::: Downloaded on - 30/06/2023 20:31:03 :::CIS .
award amount with up-to-date interest in favour of applicant/respondent No.2, strictly as per his share, by remitting the same in his saving bank account, details whereof is given in para-5 of the application, subject to the verification by the Accounts Branch.
Application stands disposed of.
(Sandeep Sharma) Judge 23rd June, 2023 (reena) ::: Downloaded on - 30/06/2023 20:31:03 :::CIS