Extracted from the PDF above. The PDF is authoritative.
Kamlesh & Ors. Vs. Vidya & Anr. CMPs No. 25709 and 25710 of 2024 in FAO No. 4173 of 2013 06.01.2025 Present: Mr. Raman Sethi, Advocate for the applicants/appellants. Mr. Sambhav Bhasin, Advocate for non- applicants/respondents. CMP No. 25709 of 2024 The present application under Order 32 Rule 12 of the Code of Civil Procedure, has been maintained by applicants/appellants No. 2 &3, namely, Aryan and Arrchi , for discharging their natural guardian i.e. their mother, respondent No.1, Kamlesh, as they have attained the age of majority. Learned
counsel
for
the non-applicants/respondents submitted that he doesn't intend to file any reply to the present application and has no objection, in case, the same is allowed. Heard. Having regard to the averments made in the application, which are duly supported with affidavits of the aforesaid applicants/respondents No.2 and 3, as well as taking into consideration the fact that they have now attained the age of majority, as is evident from their Matriculation Certificates annexed with the application, the present application is allowed and their natural guardian, i.e.
their mother, respondent No.1, Kamlesh, is ordered to be discharged from her guardianship; and they are permitted to pursue the case in their own capacity. The application stands disposed of. CMP No. 25710 of 2024 The present application under Section 151 CPC has been maintained by applicants/appellants No. 1 to 4, Kamlesh, Aryan, Archi and Subhadra, for release of award amount alongwith up-to-date interest in their favour, as per their shares, as lying deposited in the Registry of this Court. The application is duly supported with affidavits of the applicants/appellants No.1 to 4. No reply to the application is intended to be filed on behalf of non-applicants/respondents and learned counsel for the non-applicants/respondents has no objection in case the prayer made in the application is allowed, as no appeal has been preferred against the judgment passed by this Court and the same has attained finality. Heard.
Having perused the averments made in the application which are duly supported with affidavits of the applicants/appellants No.1 to 4, 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 entire amount of compensation, along with up-to-date
interest, lying deposited in the Registry of this Court in favour of applicants/appellants No.1 to 4, Kamlesh, Aryan, Archi and Subhadra, as per their shares, after proper verification and identification, by remitting the same to their bank accounts, details whereof have been mentioned in Annexure-AX (Colly) annexed with the application. The application stands disposed of. (Sushil Kukreja) January 06, 2025 Judge (Sumit)