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High Court of Himachal Pradesh · body

2025 DAILYLAW 28330 (HP)

ORIENTAL INSURANCE CO. v. SANTOSH

CMP/25708/2024 · 2025-01-03

Sushil Kukreja

body2025

Judgment text

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OIC Vs. Santosh & Ors. RFA No. 335 of 2012 03.01.2025 Present: Mr. Pritam Singh Chandel, Advocate for the non- applicant/appellant. Mr. Rakesh Thakur, Advocate, for the applicant/respondent. CMP No. 25708 of 2024 The present application under Order 32 Rule 12 (2) of the Code of Civil Procedure, has been maintained by applicant/respondent No.2, namely, Rohit, for discharging his natural guardian i.e. his mother, respondent No.1, Santosh, as he has attained the age of majority. Learned counsel for the non-applicant/appellant 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 is duly supported with affidavit of the aforesaid applicant/respondent No.2, Rohit as well as taking into consideration the fact that he has now attained the age of majority, as is evident from his School Leaving Certificate annexed with the application, the present application is allowed and his natural guardian, i.e. his mother, respondent No.1, Santosh, is ordered to be discharged from his guardianship; and he is permitted to pursue the case in his own capacity. The application stands disposed of. CMP No.25707 of 2024 The present application under Section 151 CPC has been filed on behalf of applicant/respondent No.2, Rohit, for release of the compensation amount, lying deposited in the Registry of this Court. The application is duly supported with the affidavit of the applicant/respondent No.2. No reply to the application is intended to be filed on behalf of non-applicant/appellant and learned counsel for the non-applicant/appellant 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 is duly supported with the affidavit of the applicant/respondent No.2, 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 applicant/respondent No.2, Rohit, as per his share, after proper verification and identification, by remitting the same to his bank account, details whereof has been given in para- 5 of the application. The application stands disposed of. (Sushil Kukreja) January 03, 2025 Judge (Sumit)