Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 33970 (HP)

UNION OF INDIA v. SONAM CHOMO

CMP/26559/2025 · 2025-11-18

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Union of India & Anr. vs. Sonam Chomo & others CMP Nos. 26559 & 26560 of 2025 in FAO No.34 of 2007 18.11.2025 Present: Mr. Balram Sharma, Deputy Solicitor General of India with Mr. Rajeev Sharma, Advocate, for the non- applicants/appellants. Mr. Sarthak Upadhyay, Advocate, for the applicant/respondent. CMP No.26559 of 2025 The present application under Order 32 Rule 12 of CPC, has been filed by the applicant/respondent No.2, Dechen Dolma, for discharging her natural guardian i.e.her mother respondent No.1, Sonam Chomo, as she has attained the age of majority. 2. Learned Deputy Solicitor General of India, for the non-applicants/appellants 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.2, Dechen Dolma, has now attained the age of majority, as is evident from her Secondary School Examination Certificate, copy whereof annexed with the application as Annexure A-1, Aadhar Card (Annexure A-2) as well as her affidavit annexed therewith, the present application is allowed and her mother, respondent No.1, Sonam Chomo, is ordered to be discharged from her guardianship; and she is permitted to pursue her case in her own capacity. The application stands disposed of. CMP No.26560 of 2025 4. The instant application under Section 151 of CPC has been filed by applicant/respondent No.2, Dechen Dolma, for release of award amount alongwith up-to-date interest in her favour, as per her share, as lying deposited in the Registry of this Court. The application is duly supported with the affidavit of the applicant. 5. No reply to the application is intended to be filed on behalf of the non-applicants/appellants and learned Deputy Solicitor General of India, for the non- applicants/appellants stated that since the main appeal stands finally decided by this Court on 29.08.2014 and as no appeal has been preferred against the said judgment by either of the parties, the same has attained finality, therefore, the prayer made in the application may be allowed. In this respect, he has also placed on record ‘No Objection Certificate’ issued by Lt. Col. Tejas Shivaji More, regarding release of the compensation amount in favour of applicant Dechen Dolna. 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 entire award amount, alongwith up-to-date interest, as lying deposited in the Registry of this Court in favour of applicant/respondent No.2, Dechen Dolma, as per her share, after proper verification and identification, by remitting the same to her saving bank account, detail whereof has been mentioned in Para-4 of the application. The applications stand disposed of. ( Sushil Kukreja ) Judge November 18, 2025 (reena)