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High Court of Himachal Pradesh · body

2025 DAILYLAW 35993 (HP)

TEK RAM v. AMIT SINGHA

CMP/28295/2025 · 2025-12-01

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Tek Ram & ors. Vs. Amit Singha & ors. CMPs No. 28294 & 28295 of 2025 in FAO No. 3 of 2014 01.12.2025 Present: Mr. Naveen K. Bhardwaj, Advocate, for the applicants/appellants. Mr. Jagdish Thakur, Advocate, for the non-applicant/ respondent No.3. CMP No. 28294 of 2025 The present application under Order 32, Rule 12 of the Code of Civil Procedure, has been filed by applicants/appellants No.1 to 4, for discharging their natural guardian/ Maternal Uncle, Shri Duni Chand, as they have attained the age of majority. 2. Heard. Having regard to the averments made in the application, which is duly supported with affidavits of the applicants/appellants as well as taking into consideration the fact that they have now attained the age of majority, as is evident from their respective birth Certificates annexed with the application, the same is allowed and their natural guardian/ Maternal Uncle Shri Duni Chand, is ordered to be discharged from their guardianship and the applicants/appellants are permitted to pursue the case in their own capacity. 3. The application stands disposed of. CMP No. 28295 of 2025 4. The present application under Section 151 CPC has been maintained by applicant/appellants, namely, Tek Ram, Sita, Maina Devi and Parvati Devi, for release of awarded amount of compensation alongwith up-to-date interest and is lying deposited in the Registry of this Court. The application is duly supported with affidavits of the applicants. 5. As per the applicants, they require the money for their livelihood/education/marriage as well as for medical expenses. Therefore, it is prayed that the entire awarded amount of compensation alongwith up-to-date interest be released in their favour. The application is duly supported with the affidavits of the applicants. 6. No reply to the application is intended to be filed on behalf of non-applicant/Insurance Company and learned counsel for the non-applicant/respondent No.3 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. 7. Heard. Having perused the averments made in the application which are duly supported with affidavits of the applicants/appellants, 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 in favour of the applicants/appellants, in equal shares, along with up-to-date interest, 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 prayer clause of the application. 8. The application stands disposed of. CMP No.28296 of 2025 9. For the reasons stated in the application, the same is allowed and at this stage, the applicants/appellants are exempted from filing the English translation of the Annexure A-1. The application stands disposed of. ( Sushil Kukreja ) Judge December 01, 2025 (V.Himalvi)