Himachal Pradesh High Court
FAO/436/2018 on 22 August, 2019
Author: Chander Bhusan Barowalia
Bench: Chander Bhusan Barowalia
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FAO No. 436 of 2018 22.08.2019 Present: Mr. Jagdish Thakur, Advocate, for the appellant.
Mr. Deepak Kaushal, Advocate, for respondents No. 1 to 4.
Mr. Loveneesh Thakur, Advocate, for respondent No. 5.
CMP No. 6332 of 2019 r The present application under Order 32, Rule 12 CPC has been maintained by applicant/respondent No. 3 for discharging her natural guardianship. As per the applicant, at the time of filing of the case, she was minor and was being represented through her mother/natural guardian. However, now the applicant has attained the age of majority, as such, she may be allowed to proceed in her own capacity. The application is duly supported with an affidavit, as well as copy of Parivar Register.
Heard. After going through the averments made in the application and copy of Parivar Register, enclosed with the application, this Court finds that the applicant has attained the age of majority. Consequently, the present application is allowed and applicant/respondent No. 3, Ms. Sakshi Prajapati, is allowed to pursue the case on her own and her natural guardianship is discharged. The application stands disposed of.
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CMP No. 6335 of 2019 The present application under Order 32, Rule 12 CPC has been maintained by applicant/respondent No. 4 for discharging his natural guardianship. As per the applicant, at the time of filing of the case, he was minor and was being represented through his mother/natural guardian. However, now the applicant has attained the age of majority, as such, he may be allowed to proceed in his own capacity. The application is duly supported with an affidavit, as well as copy of Parivar Register.
Heard. After going through the averments made in the application and copy of Parivar Register, enclosed with the application, this Court finds that the applicant has attained the age of majority. Consequently, the present application is allowed and applicant/respondent No. 4, Mr. Rahul Prajapati, is allowed to pursue the case on his own and his natural guardianship is discharged. The application stands disposed of. CMP No. 6384 of 2019
The present application under Order 32, Rule 12 CPC has been maintained by applicant/respondent No. 2 for discharging her natural guardianship. As per the applicant, at the time of filing of the case, she was minor and was being represented through her mother/natural guardian. However, now the applicant has attained the age of majority, as such, she may be allowed to proceed in her own capacity. The ::: Downloaded on - 29/09/2019 02:28:40 :::HCHP .
application is duly supported with an affidavit, as well as copy of Parivar Register.
Heard. After going through the averments made in the application and copy of Parivar Register, enclosed with the application, this Court finds that the applicant has attained the age of majority. Consequently, the present application is allowed and applicant/respondent No. 2, Ms. Kajal Prajapati, is allowed to pursue the case on her own and her natural guardianship is discharged. The application stands disposed of.
CMPs No. 6331, 6333, 6334 and 6383 of 2019 The present applications under Section 151 of the Code of Civil Procedure has been maintained by applicants/respondents No. 1 to 4 for release of award amount, lying deposited in the Registry of this Court. As per applicant No. 1, her husband was the sole bread earner of the family and after his death, she has no source of income, whereas other applicants needs the money for pursuing their study and to meet out their day to day expenses. The applications are duly supported with the affidavits of the applicants.
Heard. At this stage, taking into consideration the necessity of the applicant and their dependency upon the deceased, this Court finds that interest of justice would be met in case 25% of the award amount of the shares of each applicant be released to them through their individual ::: Downloaded on - 29/09/2019 02:28:40 :::HCHP .
savings bank accounts of a nationalized bank. Ordered accordingly. The applications stand disposed of. FAO No. 436 of 2018
As prayed, list for final hearing on 4th September, 2019.
(Chander Bhusan Barowalia)
r Judge
August 22, 2019
(raman)
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