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2025 DAILYLAW 33119 (HP)

RAVI KANT v. SAROJ KUMARI

CMP/25428/2025 · 2025-12-23

Sushil Kukreja

body2025

Judgment text

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Ravi Kant Vs. Saroj Kumari & ors. FAO No.69 of 2025 23.12.2025 Present: Mr. Hemant Thakur, Advocate vice Mr. Ankit Dhiman, Advocate, for the appellant. Mr. Virender Singh Rathour, Advocate, for respondents No.1 to 4. CMP No.25428 of 2025 The instant application under Section 151 of CPC has been filed on behalf of applicants/respondents No.1 to 4 for release of the awarded amount of compensation. 2. As per the applicants, they are in dire need of money to meet out their day-to-day expenses as well as for the education of children. Therefore, it is prayed that the awarded amount of compensation, which is lying deposited in the Registry of this Court, may be released in their favour. The application is duly supported with the affidavits of the applicants. 3. The prayer made in the application is opposed by the learned vice counsel for the non-applicant/appellant on the ground that in the event of appeal being allowed, it would be difficult for the appellant to recover the amount, so released. 4. Heard. Having perused the averments made in the application, which are duly supported with the affidavits of the applicants/respondents No.1 to 4, this Court finds it in the interest of justice to release 30% of the amount, alongwith up-to-date interest, in favour of each of the applicants/respondents No.1 to 4, out of their respective shares in the total awarded amount of compensation, which is lying deposited in the Registry of this Court, after proper verification and identification by remitting the same to their respective bank accounts, details whereof have been given in para-5 of the application. 5. It is made clear that release of the awarded amount shall be subject to final outcome of the appeal and in the event of appeal being allowed, the applicants/respondents No.1 to 4 will have to refund the amount, so released, with interest @ 6% per annum. The application stands disposed of. ( Sushil Kukreja ) Judge December 23, 2025 (V.Himalvi)