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2025 DAILYLAW 2482 (HP)

ANUJ SIRKEK v. NEELMA DEVI

CMP/32060/2025 · 2026-01-06

Sushil Kukreja

body2025

Judgment text

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Anuj Sirkek vs. Neelam Devi & Ors. CMP Nos.32059 & 32060 of 2025 in FAO No.57 of 2014 06.01.2026 Present: None for the non-applicant/appellant. Mr. Ramesh Sharma, Advocate, for respondents No.1 to 7. Mr. Amit Himalvi, Advocate, for respondent No.8. CMP No.32059 of 2025 The present application under Order 32 Rule 12, read with Section 151 of CPC, has been filed by the applicant/respondent No.5, Dinesh, for discharging his natural guardian i.e.his mother respondent No.1, Neelma, as he has attained the age of majority. 2. Learned counsel for the non-applicant/respondent No.8, submitted that he doesn't intend to file any reply to the present application and has no objection, in case, the same is allowed. 3. Heard. Since applicant/respondent No.5, Dinesh has now attained the age of majority, as is evident from his Matriculation Examination Certificate, copy whereof annexed with the application as Annexure A-1 as well as his affidavit annexed therewith, the present application is allowed and his mother Neelma, respondent No.1, is ordered to be discharged from his guardianship; and he is permitted to pursue his case in his own capacity. The application stands disposed of. CMP No.32060 of 2025 4. The instant application under Section 151 of CPC has been filed by the applicant/respondent No.5, Dinesh, for release of award amount alongwith up-to-date interest in his favour, as per his share, as lying deposited in the Registry of this Court. The application is duly supported with the affidavit of the applicant. 5. Learned counsel for the non- applicant/respondent No.8, stated that he doesn’t intend to file any reply on behalf of aforesaid respondent. He further stated that since the main appeal stands finally decided on 19.12.2014 by this Court and as no appeal has been preferred against the said judgment by either of the parties, the same has attained finality, he has no objection in case the prayer made in the application is allowed, 6. Heard. Having perused the averments made in the application, which are duly supported with the affidavit of the applicant coupled with the fact that the judgment passed by this Court has attained finality, this Court finds it in the interest of justice to release the award amount alongwith up- to-date interest as lying deposited in the Registry of this Court in favour of applicant/respondent No.5, Dinesh, strictly as per his share, after proper verification and identification, by remitting the same to his saving bank account, detail whereof has been mentioned in para-7 of the application. The application stands disposed of. ( Sushil Kukreja ) Judge January 06, 2026 (reena)